한국과 태국의 출생등록제도 비교 연구 : 태국 제도의 시사점과 한국의 과제
A comparative study of birth registration system in Korea and Thailand: Lessons from Thai experience for the improvement of Korean system
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A child born in South Korea is registered in accordance with ‘Act on Family Relation Registration’, which permits the registration of those who are born from those who are already registered following the old family registration system (hojeok). There is no system for citizenship registration in South Korea, for which the family registration system substitute. The resident registration system is also built up on the basis of the information in the family registration. The South Korean system which confirm its citizens and residents on the basis of blood-lines fails to respond to the new social needs of multi-ethnic society where 5% of whole population have migrant-background. The children born from foreign parents in South Korea is not permitted to register their birth under the South Korean system, which may even render them stateless. Thailand which had also experienced similar problems for decades redressed them by reforming its Civil Registration Act and Nationality Act in 2008. The new laws obliged all children born in Thailand should be registered and introduced partial jus soli nationality system. After 2008, Thai government continued amendment of the acts in order to respond to changing domestic situation and accord to international standards. The amendments of Nationality Act in 2012 and of Civil Registration Act in 2019 are timely responses to increased inflows of migrants from neighbour states. Authors analyze the process of changes in Thai legal system in its political and social context, which has significant implications in reconsidering the South Korean systems.
Abstract
A child born in South Korea is registered in accordance with ‘Act on Family Relation Registration’, which permits the registration of those who are born from those who are already registered following the old family registration system (hojeok). There is no system for citizenship registration in South Korea, for which the family registration system substitute. The resident registration system is also built up on the basis of the information in the family registration. The South Korean system which confirm its citizens and residents on the basis of blood-lines fails to respond to the new social needs of multi-ethnic society where 5% of whole population have migrant-background. The children born from foreign parents in South Korea is not permitted to register their birth under the South Korean system, which may even render them stateless. Thailand which had also experienced similar problems for decades redressed them by reforming its Civil Registration Act and Nationality Act in 2008. The new laws obliged all children born in Thailand should be registered and introduced partial jus soli nationality system. After 2008, Thai government continued amendment of the acts in order to respond to changing domestic situation and accord to international standards. The amendments of Nationality Act in 2012 and of Civil Registration Act in 2019 are timely responses to increased inflows of migrants from neighbour states. Authors analyze the process of changes in Thai legal system in its political and social context, which has significant implications in reconsidering the South Korean systems.
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