[SPECIAL REPORT] 'Invisible,' undocumented children excluded from Korea's welfare system

This article is the second in a four-part series to highlight and address issues surrounding marginalized residents of foreign nationality who are living in legal blind spots in Korean society. ― ED.

By Lee Hyo-jin

Na-young, as she prefers to identify herself, is a 12-year-old girl living in Gyeonggi Province who faces the threat of deportation when she turns 19. She is an undocumented child living with her parents from the Philippines, who entered Korea as migrant workers in the late 1990s, but later lost their legal status.

Undocumented children can only stay in the country until they graduate high school, after which they face deportation.

"She will probably have to go to the Philippines, which is a completely foreign country for her," her mother said. Na-young doesn't know Tagalog, the main language of the Philippines, nor the country's culture.

Meanwhile, as a fifth grader at elementary school, Na-young is already paying the price of being undocumented. Last year, when most classes went online following the COVID-19 outbreak, without an ID number, Na-young couldn't sign up for the EBS website, the state-run education content provider, and so was forced to use an ID registered under her homeroom teacher's name.

She is also uncertain whether she will be able to enter high school later. Although all children in Korea are eligible for mandatory primary and middle school education, regardless of their legal status, to enroll in high school, undocumented children need the principal's approval.

As an undocumented child, Na-young also lacks access to social services, such as having medical insurance. "Once, she was hospitalized with pneumonia. We had to pay nearly 2 million won ($1,800), an amount we could barely afford," her mother said, adding that she is constantly worried that her daughter might get ill again.

Na-young's story is emblematic of the difficulties many undocumented children face in Korea. They struggle to get an education while fearing they will be separated from their families and loved ones.

The Ministry of Justice estimates that there are around 20,000 unregistered children. Since they are virtually invisible in government records, they cannot be included in the state social welfare system.

"Simply delaying the child's deportation does not guarantee his or her basic rights to education, health, and protection from violence," said Lee Jin-hye, a lawyer at Chingune, a public interest law firm for immigrants.

Lee said that limited access to urgent medical care is one of the worst problems. "Without medical insurance, undocumented children have to rely on fundraising campaigns or other external support for medical expenses when they fall seriously ill. There was an unfortunate case in which a child died after failing to receive surgery in time," she said.

A coalition of civic groups supporting undocumented children hold a press conference in front of the National Human Rights Commission of Korea in central Seoul, in this Oct. 28, 2020 photo, calling on the government to guarantee basic rights for undocumented children. Courtesy of Chingune

Kim Sul-yi, an official at the Namyangju City Migrant Welfare Center, argues that the government's inability to protect undocumented children is not only leaving them deprived of their basic rights, but condemns them to discrimination and stigmatization. Teenagers are especially at risk.

"When they are younger, they're mostly unaware of their situation. But at some point in middle school or high school, they begin to realize that they are unwelcome in Korean society. It leaves them feeling hopeless," Kim said.

While their classmates begin to plan their career pathways and prepare for the college entrance exam, unregistered teenagers are told that they are not eligible to take the state-run college scholastic ability test.

Local civic groups have urged the government to rectify this unhappy situation for undocumented children, by granting them the legal right to stay and guaranteeing their basic rights.

In response to these calls, the Ministry of Justice announced April 19 a new policy to give undocumented children legal status and to allow them to have temporary residency rights under certain conditions.

Eligible children may apply for either a D-4 visa, usually given to individuals of foreign nationality studying here, or a G-1 visa that allows a one-year stay for various reasons. The ministry expects that 100 to 500 children will be granted legal status under the temporary policy, which runs until February 2025.

Civic groups believe that the policy does not go far enough, since few children will be eligible due to its strict requirements. The policy's stipulations include covering only children who were born in Korea and raised here for at least 15 years, and who graduated from elementary school before Feb. 28, 2021. It also penalizes their parents through fines, depending on how long they have illegally stayed in the country.

A coalition of civic groups are now demanding that the ministry explain why it is imposing such strict conditions, which preclude the vast majority of undocumented children from applying.

"This temporary measure, which does not seem to have taken into account the best interests of the children, lacks fairness, rationality, as well as effectiveness," their joint statement read.

They also urged the authorities to come up with additional measures for children who are excluded from the policy.

The ministry has not yet responded to their inquiry, according to Lee. "The discrimination, fear and isolation undocumented children go through should not be experienced by any child or adult in society. The government should step up efforts to protect all children under its jurisdiction," she said.

Korea Times