Welfare estimated the number of unregistered migrant children at 8,259 (which
compares to an estimate of 20,000 by civic groups). All considered, it can be said that at
least 15,000 migrant children at their schooling age do not attend school. Nevertheless,
little effort has been made to get a clear picture of the migrant children at their
schooling age (7~18), especially in regard of their schooling.
20. It is imperative that detailed information needs to be obtained about
the education status of the migrant children at their schooling age. Additionally,
the Government needs to take comprehensive measures to protect their right to
minimum education and eliminate any discrimination against them in education.
Guarantee of the Migrant Children's Access to Public Schooling (CRC/C/KOR/3-4, para.
458~461)
21. Although unregistered migrant children may enroll in the school simply by
proving their residence, more often than not, the children of unregistered foreigners
have a difficulty in being admitted to the school, as illustrated in the NHRCK's Survey
on the Migrant Children's Right to Education in 2010, because the process of school
admission usually includes confirmation of the parents' visa. The Korean language
education for migrant children differs from school to school, depending on the school's
capability, and the Korean language education for pre-school migrant children are
usually given by individuals or civil organizations. The migrant children's poor
command of the Korean language makes it hard for them to adapt to the school life in
general. There is a succession of cases in which migrant children walk out of school, but
almost none of the schools take particular steps to prevent their walk-out.
22. NHRCK recommended, in December 2010, that the Government should
take actions to guarantee the right to education for migrant children, for example, by
upgrading the relevant legislation or strengthening its administrative guidance or
supervision to ban the school's practice of refusing to admit or accept migrant
children; providing the Korean language lessons through a public system to migrant
children, in addition to the lessons within the school curricula; giving them more
counseling about their school life; and minimizing their schooling costs. It is
encouraging that the Government has expressed its intention to accept this
recommendation. There should be constant efforts to implement the NHRCK's
recommendation by the Government, regarding the prohibition of the practice of
refusing to admit or accept migrant children, more education on the Korean
language for them and prevention of their departure from school.
Protection of Children in the Course of the Crackdown on Unregistered Migrant
Workers (CRC/C/KOR/3-4, para. 96 and 458~461)
23. In case an unregistered migrant worker is identified, he/she shall be
transferred to a public shelter for foreigners and kept there until he/she leaves the
country. However, in the process of detecting and detaining unregistered migrant
workers, appropriate measures are not taken to protect human rights of their children.
The relevant national legislation, including the Immigration Control Act 2 , has no
2
The clause provides that even when it is determined that a person is subject to forced expulsion, the
Minister of Justice may permit his/her sojourn in the Republic of Korea so long as the Minister finds that
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