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1) Current status
52. According to the 2016 Statistics on Birth, 99.3% of children were born in hospitals. In
2017, the NHRCK recommended to the Minister of Justice to amend the related legislation to
mandate a doctor and midwife involved in childbirth to report the birth to national institutions
or public institutions. In response, the Minister of Justice replied that he would push ahead
with the amendment after having sufficient discussion with medical institutions and relevant
institutions. As for the procedure of birth registration, online report has become possible
since May 2018. As of September 2018, birth of babies born in 45 hospitals in Korea can be
registered online.
Deliberately concealing a birth
53. Pursuant to the Act on the Registration, Etc. of Family Relationships, birth registration
should be filed within one month from the date of birth. However, when the birth is not
registered, only an administrative fine under KRW 50,000 can be charged. There is a case
that a child born in 1999 had been neglected and excluded from educational or medical
assistance for 18 years until found in 2017 because the child’s parents did not register the
child’s birth.
Birth Registration by Single Father
54. Single father has limited access to birth registration. After the amendment to the Act on
the Registration, etc. of Family Relationships in 2015, single fathers are allowed to register
birth. However, in principle, it is biological mother who has to register birth; hence when
biological mother is identified, single father is not allowed to register birth. When the single
father does not know personal information of the biological mother, he may register birth to
the Family Court by submitting an application of ‘confirmation of birth of his own child’ with
necessary documents including DNA test results. From the moment that the amendment
went into effect in November 2015 to June 2017, 331 people have registered a birth through
this process. In 2017, 144 applications for confirmation of birth were filed by single fathers,
and only 108 applications were approved.
2) Questions
55. What would be the measure to register the birth of every child?
56. What would be the measure to enhance the birth registration by single father?
Issue 20. Freedom of Expression, Association, and Peaceful Assembly
1) Current status