Constitutional Court Rules "Parental Overseas Residency" Requirement for Special Admission of Overseas Koreans Constitutional

Chief Justice Yoo Nam-seok of the Constitutional Court and the justices are waiting for the start of the constitutional review ruling on the unconstitutionality confirmation constitutional complaint regarding the "Announcement of the Korea-Japan Comfort Women Issue Agreement" held on the 27th at the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court has ruled that the university admission regulation requiring both parents to be residing overseas for students applying under the ‘Special Admission for Overseas Koreans’ does not violate the Constitution.

On the 7th, the Constitutional Court announced a decision upholding the constitutionality in a constitutional complaint case filed by A (18), who had been residing overseas with her mother, claiming that the clause requiring both parents to reside abroad among the ‘Special Admission for Overseas Koreans and Foreigners’ in the 2021 academic year university admission process infringed on fundamental rights.

The court stated, “The Special Admission for Overseas Koreans was established to provide equal university education opportunities to overseas Koreans who have gaps in their domestic education due to unavoidable overseas work of their parents,” and added, “There is a rational reason to limit it to cases where there is a gap in domestic education due to the parents’ overseas work, in line with the original purpose.”

It further pointed out, “In A’s case, she could have chosen to stay overseas with her mother who works abroad or stay in Korea with her father who works domestically. The establishment and strengthening of the overseas residence requirement were sufficiently announced in advance, and she studied overseas by her own choice.”

A had been residing in Spain with her mother, who works at an international organization, since December 2016. When it was time to enter university, she intended to submit application documents under the Special Admission for Overseas Koreans.

However, she was unable to apply because she did not meet the university admission requirement that “if one parent works overseas, the spouse and student must reside overseas together for at least three years (1,095 days),” which effectively requires both parents to reside overseas.

In response, A filed a constitutional complaint with the Constitutional Court, arguing that “recognizing eligibility based on the parents’ overseas residence infringes on the right to equal education and other rights.”

This content was produced with the assistance of AI translation services.