[Insight & Opinion] Is Studying Abroad Without Parental Accompaniment Really Illegal?

Illegal activities related to the education of children frequently appear in the hearings of high-ranking public officials. Until now, the main issues pointed out have been falsehoods, disguises, and fraudulent acts. However, recently, a new controversy has emerged amid the early study abroad boom. According to South Korea's Elementary and Secondary Education Act, elementary and secondary students who are required to receive compulsory education are, in principle, prohibited from studying abroad. In 2007, exceptions were made only if both parents stayed overseas, and in 2012, the law was revised to allow exceptions even if only one parent accompanied the child abroad (known as "gireogi families").

Compulsory education was originally codified to guarantee educational opportunities for children. Just 50 years ago, it was common to selectively educate among multiple children. Even then, Korean parents' passion for education was so great that they sold farmland and went into debt to send their children to study in Seoul. The generation around their 70s often moved to big cities, especially Seoul, and many lived alone in boarding houses while studying. As a result, South Korea became one of the countries with the lowest illiteracy rates and a driving force behind national development. As economic power improved, parents' enthusiasm for education has led to early study abroad. The state no longer needs to worry about compulsory education. It is neither practical nor understandable to criticize without considering revising outdated education laws. Considering that economic power, air travel, and communication have all improved compared to decades ago, and that children's mental and physical development has accelerated, it is unnecessary to cling to rigid laws. Whether parents accompany their children or not should be left to the parents' judgment, who may entrust their children to relatives, agents, or boarding schools according to various circumstances.

If studying abroad without parental accompaniment is illegal, several problems arise. First, who is the offender?the parents or the children? Should graduation completed under illegal circumstances be recognized? Is admission to higher education institutions in Korea with qualifications obtained illegally recognized? Are qualifications earned from law schools or medical schools in Korea under such conditions valid? What should be done about those currently studying abroad illegally, as pointed out in hearings? Should academic credentials recognized worldwide be treated as illegal only in Korea? Instead of scolding with decades-old laws in an era of drastic change, laws should be revised according to the demands and changes of the times.

At the same time, laws enacted under ideological biases, such as restrictions on large market openings, limits on business days, and restrictions on large corporations' participation in public IT projects, should also be reconsidered. These laws not only fail to achieve their legislative intent or purpose but also cause various side effects, harming consumers, workers, farmers and fishermen, small and medium enterprises, and large corporations alike. Laws that hinder innovation, like the Tada Act, should be promptly abolished. According to the 2022 National Competitiveness Survey by the IMD Business School in Switzerland, South Korea's competitiveness ranked 27th, dropping three places from the previous year. Among these, the regulatory environment ranked 48th out of 63 countries, eroding competitiveness. Due to the anachronistic behavior of the National Assembly responsible for legislation, the country is regressing.

Kim Hong-jin, CEO of Work Innovation Lab

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