국내에서 출생한 이주 아동의 출생등록 문제

• 영문명: The Birth Registration of Immigrant Children Born in Korea
• 발행기관: 한국가족법학회
• 저자명: 이소은
• 간행물 정보: 『가족법연구』第37卷 3號, 215~258쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.11.30

영문 초록

A child’s birth registration is a prerequisite for the child to achieve his/her civil status. The birth registration system in Korea has gone through important changes in the past few months. The Act on Registration of Family Relations was amended in June, 2023. Under the new registration law, a child’s birth can be registered by the head of local government. The Act on Confidential Birth was legislated in October, 2023. Under the new law, a pregnant woman can give birth without giving her name to the hospital or civil registry. However, the new registration law does not apply to immigrant children, as the scope of law is limited to the civil registration of Korean nationals. Moreover, immigrant parents might not be able to benefit from the new system due to their fear of deportation. This paper studies legal system of other countries regulating nationality (or citizenship), birth registration, and immigration, in order to design a new registration law which guarantees every child’s birth registration. The countries where children acquire nationality based on his/her parents’ nationality allow birth registration of children of foreign parents. Japan, even though its nationality law and immigration law are as conservative as Korea’s, allows immigrant children’s birth registration. I suggest the Act on Registration of Family Relations be amended so as to allow immigrant children’s birth registration, and the enforcement decree of the Immigration Act also be amended so that the information on foreign parents will not be transferred to the immigration office.

목차

Ⅰ. 들어가며

Ⅱ. 이주 아동의 출생등록

Ⅲ. 비교법적 검토

Ⅳ. 출생등록 제도에 관한 개정 제안

Ⅴ. 결 론

키워드

이주 아동 출생등록 출생등록될 권리 가족관계등록법 보호출산법 출입국관리법 Immigrant children birth registration right to be registered the Act on Registration of Family Relations the Act on Confidential Birth the Immigration Act