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No such thing as an 'illegal' child

Published: 17 Feb. 2025, 00:01

Won Ok-kum

The author is a representative of the Migrant Center Donghaeng and originally from Vietnam.

“Please, take care of the children.”

These were the final, heartfelt words of Bang Jeong-hwan, a pioneer of children's rights in Korea. In 1922, he established Children’s Day and drafted the Declaration of Children’s Rights, asserting that every child should be respected as an individual. He warned that a nation that disregards its children has no future. Bang believed that children, nurtured with warmth and devotion, would grow into morally upright individuals.

A century later, how has the world he envisioned for children evolved? When I first arrived in Korea, I was deeply impressed by how children here seemed to grow up in abundance and happiness. Comparing it to my own childhood — where I spent my after-school hours working — I felt relieved, believing that my own children could have a brighter future in this country.

But there are exceptions. Some children exist, yet remain invisible. Undocumented migrant children are excluded from the category of those Bang sought to protect. It is heartbreaking to see that merely because their parents lack legal status, these children are branded as “illegal” from birth. They are fluent in Korean, immersed in Korean culture and, most importantly, they consider Korea their home. Yet, without residency status, they are denied recognition as independent individuals.

Lacking a foreigner registration number, they cannot register mobile phones or open bank accounts in their own names. Although a 2010 Ministry of Justice policy suspends deportation for undocumented students while they attend school, they are still barred from joining school trips that require travel insurance, participating in academic competitions or taking certification exams. Without health insurance, many cannot afford medical treatment when they fall ill. Above all, despite the temporary deferral of deportation, these children live in constant uncertainty, with no sense of belonging and no hope for the future.

Fortunately, due to efforts by civil society organizations, the National Human Rights Commission and recommendations from the international community, the Ministry of Justice announced a conditional relief measure in 2021 for undocumented children born in Korea. In 2022, the policy was revised to include provisions ensuring educational rights for long-term resident children. While still inadequate, this initiative has granted residency status to some children, allowing them access to opportunities previously denied and, most importantly, enabling them to dream about the future.

However, even this limited policy is set to expire at the end of March. Many children remain excluded — those who are too young to apply, those whose parents cannot afford the exorbitant fines required for eligibility and those who are neither enrolled in nor have graduated from school. The number of such children living in the shadows remains unknown, yet they continue to be pushed further into a life of undocumented status.

Korean society still harbors a cold attitude toward migrants. Some argue that “illegal is illegal,” and others worry that protecting these children may encourage further unauthorized immigration. As a sovereign nation, enforcing the law is crucial.

But no law should be upheld at the expense of human dignity. The Korean Constitution guarantees human dignity and the right to pursue happiness. Moreover, Korea ratified the United Nations Convention on the Rights of the Child in 1991, which mandates the protection of all children, regardless of their or their parents’ legal status. There is no such thing as an “illegal” child. In accordance with this principle, the National Human Rights Commission has recommended the establishment of a system that grants appropriate residency status based on the best interests of the child.

The world Bang dreamed of is one where every child in Korea is respected as an individual and a full member of society — this must include undocumented migrant children. No child should face discrimination, live under constant threat of deportation or be deprived of an education. To ensure that these children can grow and fully realize their potential as the future leaders of our society, Korea must urgently adopt a more comprehensive and progressive policy for undocumented migrant children. The existing relief measure, set to expire in March, must be extended, and policies should be expanded to protect out-of-school migrant children who are currently excluded from the system.

Translated using generative AI and edited by Korea JoongAng Daily staff.