expand the scope of matters on which the student representative may give his/her opinion at the
School Governance Committee to include the formulation and amendment of school
regulations. In addition, the Education Offices in the regional areas with a students’ rights
ordinance guarantee students’ participation in the process of school regulations formulation or
amendment, by requiring that schools should hold a school regulations review committee
which includes a student member before formulating or revising school regulations. However,
the Elementary and Secondary Education Act still does not provide for students’ formal
participation in the School Governance Committee.
44.
Children should be able to express their opinions in regard of the matters which
are closely related to them in schools, and their opinions should be respected. The
Government should take actions, including monitoring, supervision and support, to
ensure that children’s right to be heard is effectively protected.
C. Civil Rights and Freedoms
(Articles 7, 8 and 13-17)
Issue 16. Birth registration – in relation to para. 6 of the List of Issues
45.
According to the Demographic Trends Survey by the Statistics Korea, 99.5% of the
children who were born in 2019 were born at a hospital. A child’s birth registration should be
made within 1 month from the date of birth, by the child’s father or mother if the child was
born to a married couple and by the child’s mother if the child was born out of wedlock. In case
the child’s parent cannot register birth, a relative living together with the parent(s) or a doctor, a
midwife or another person involved in the childbirth should register birth. The only sanction to
be taken for the failure to make a birth registration within the given time limit is an
administrative fine of up to KRW 50,000. In case the person with the obligation of birth
registration has failed to make such registration within the given time limit and this is likely to
endanger the child’s welfare and interests, a prosecutor or the head of the local government
concerned may register the child’s birth.
46.
The Government has continuously revised the relevant legislation to promote the
welfare and interests of the child. In the past, when a single father wanted to register his child’s
birth, he had to know the name, resident registration number and residential address of the
biological mother, and if he was unaware of any of them, the child him/herself had to file a
lawsuit against the state to create a surname or a place of family origin or to create a family
relationship. However, since the media’s attention was focused on a certain single father and
his child who were in a difficult situation due to this legal complexity, the procedure of a single
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