Human Rights Commission: "Forced Deportation of Unregistered Migrant Children Violates Human Dignity and Right to Pursuit of Happiness"

"Minor Migrant Children, Age Group Lacking Awareness of Residency Status"
"All Social Foundations Such as Language, Customs, and Culture Formed Domestically"

[Asia Economy Reporter Jeong Dong-hoon] The National Human Rights Commission of Korea has ruled that the unconditional forced deportation of undocumented migrant children who have been residing long-term in the country constitutes a human rights violation.

The National Human Rights Commission announced on the 6th that after reviewing the case titled "Human Rights Violation Complaint Due to the Absence of a System Granting Residency Status to Long-term Undocumented Migrant Children," it recommended the Minister of Justice to actively review the granting of residency status to these children.

Additionally, the Commission advised halting the unconditional forced deportation of long-term undocumented migrant children and establishing a system that allows them to apply for and be reviewed for residency status if they wish to remain in the country. It also emphasized that even before such a system is established, existing legal and institutional procedures should be actively utilized.

Recently, a complainant filed a petition with the Commission, stating that 17- to 18-year-old migrant children born in Korea, who use Korean as their native language, have received formal education domestically, and have formed their identity here, are being forcibly deported against their will after the suspension period for forced deportation ends, which constitutes a violation of fundamental rights.

According to the complainant, the affected migrant children were not only at an age where they lacked awareness of their lack of residency status but also completed all educational courses domestically and established their social foundations?including language, customs, culture, and living environment?within Korea.

In response, the Ministry of Justice explained that under the guidelines for "Supporting the Learning Rights of Illegal Stay Students," forced deportation of migrant children without residency status is deferred until they graduate from high school; however, there is currently no system under the law that grants residency status to undocumented migrant children.

However, the Ministry added that under Article 61 of the Immigration Control Act, migrant children can file an objection to forced deportation orders and be reviewed for permission to stay in the country. The Ministry assesses whether to grant residency by comprehensively considering factors such as ▲motivation, content, and outcome of the violation ▲whether it was intentional or negligent ▲family relationships and actual residency status ▲whether they have a domestic living foundation ▲impact on border control and residency order ▲and the formation of public consensus.

The Commission’s Second Committee for Remedying Violations judged that although the Ministry of Justice has the authority to decide on forced deportation orders for migrant children, the personal disadvantages these children suffer outweigh the public interest sought through forced deportation. It concluded that placing migrant children in forced deportation situations regardless of their will, without even a permanent system to grant residency status, violates the constitutionally guaranteed "human dignity and pursuit of happiness."

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