The basic human rights of the so-called 'persons unlisted on the family register' are not protected by the government. To rectify this situation, the National Human Rights Commission of Korea (NHRCK) recommended that the Minister of Government Administration and Home Affairs, Minister of Health and Welfare, Chief Justice of the Supreme Court, and the Minister of Justice make improvements to applicable schemes and devise new policy as necessary.
On January 1, 2008, the 'Family Register Act' was abolished and the 'Family Relations Registration Act', which replaced said act, entered into force. The two terms of 'person unlisted on the family register' and 'application for a permit of family register acquisition' were changed to 'person whose family relations are unregistered' and 'application for a permit of family relations register creation'.
The number of persons without registered family relations is unknown because they have never been entered into an official register. Estimates vary from about 7,000 to 30,000. Those without registered family relations have been excluded from even the most basic welfare programs and have faced difficulties pursuing education and obtaining employment.
The lifetime wish of most persons without registered family relations is to have their basic rights as citizens protected by obtaining a permit of family relations register creation. They are extremely poor and have little education, and the majority finds it difficult to prepare documents necessary for filing an application for a permit of family relations register creation.
In order to guarantee the basic livelihood of persons who do not have their family relations registered and support them in the family relations registration process, it is first necessary to ascertain their number and living conditions. The Ministry of Government Administration and Home Affairs and the Ministry of Health and Welfare have conducted several surveys of persons without registered family relations, but they were not carried out regularly and comprehensively and were done only in certain years and areas. A regular and comprehensive survey must be taken.
The letter of guarantee by an acquaintance (a letter of guarantee issued by an acquaintance living near the place of the concerned person's resident registration or abode, if necessary to confirm specific facts of his or her life) should no longer be required among the documents necessary for filing an application for a permit of family relations register creation. This will ensure that more people apply and enjoy their due rights as citizens. It is extremely difficult for persons without registered family relations to obtain a letter of guarantee by an acquaintance because most of them are uneducated and have no relatives. The Supreme Court's Established Rules No. 212 on Family Relations Registration states that "a letter of guarantee by an acquaintance living near the place of the concerned person's resident registration or abode may be attached if necessary to verify specific personal details." This means that such letter is a supplementary material to bolster the veracity of personal details of an applicant for registration of family relations. It has been found, however, that most judges customarily require such letter of guarantee and cite the provision above as a reason. In other words, this document is being treated as a requirement. The problem is that most such letters provide personal statements merely to the effect that "the person concerned has suffered many difficulties in his life because family relations are not registered." They do not provide proof of anything substantial. As indicated by a Supreme Court decision (decision no. 94 Ma 1373 dated September 8, 1994) that "a letter of guarantee by an acquaintance issued by a village chief or a neighbor at the person's legal domicile cannot be deemed proof of inheritance", such letter has insufficient legal force as proof. Clearly, there is no reason whatsoever to require this document: it must be excluded from the required documents. Instead, stronger requirements for fingerprinting and identification of an applicant for a permit of family relations register creation may be applied to prevent submission of falsified applications for family relations register creation or applications for dual family relations registrations for criminal intent, as in the current case where a court requests finding of facts to the chief of a police station with jurisdiction over the intended place of family relations registration including fingerprinting.
In order for more people to create a family relations register and lead lives of dignity that they deserve as human beings, the applicable procedures must be simplified to allow simultaneous submission of an application for registration of a family name and origin and an application for family relations register creation. The existing dual application process requires an applicant to prepare many of the same documents twice, which delays the entire process and imposes a burden on the applicants. The family relations registration process should be improved by permitting persons who need to register a family name and origin as well as family relations to file two applications at the same time. Such applications may be classified as family cases, with the application for a permit of family relations register creation as an incidental application. Regarding this approach, the concerned authorities may refer to the cases where simultaneous filings for individual bankruptcy and liability exemption have been allowed since 2005 to promote convenience for applicants. Upon deciding to allow the registration of a family name and origin, a written adjudication and a written decision on the examination date for permitting family relations register creation will be served at the same time, simplifying and accelerating the entire process.
Lastly, the current situation calls for appropriate support from government agencies and concerned organizations in the process of family relations register creation. In 2005, the Ministry of Government Administration and Home Affairs and the Ministry of Health and Welfare implemented comprehensive measures in support of persons without registered family relations, with the Ministry of Justice taking the lead. This effort produced significant results. However, many persons without registered family relations still have no knowledge of the assistance available to them by the Korean Legal Aid Corporation. For this reason, they do not even commence the family relations registration process. The free legal assistance offered by the Korean Legal Aid Corporation should be widely and regularly publicized and the necessary human resources and budgetary funds secured.
The Commission decided to make the following recommendations to the agencies concerned:
- To the Minister of Government Administration and Home Affairs and the Minister of Health and Welfare
(i) Conduct a regular survey into the status of persons without registered family relations; and (ii) investigate the status of said persons accommodated in social welfare facilities as part of a survey of those facilities.
- To the Chief Justice of the Supreme Court
(i) Amend the Supreme Court's Established Rules No. 212 on Family Relations Registration by deleting the provision on submission of a letter of guarantee by an acquaintance in the family relations registration process, thereby preventing the judiciary from requiring submission of such letter; and (ii) improve the family relations register creation process by allowing simultaneous submission of an application for registration of a family name and origin and an application for family relations register creation.
- To the Minister of Justice
(i) Widely and regularly publicize the free legal assistance by Korean Legal Aid Corporation regarding family relations register creation; and (ii) secure necessary personnel and budgetary funds to increase support for family registration for persons without registered family relations.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for citizens, along with educational initiatives for organizations.
