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More than 800 foreign minors held at detention centers in last 5 years: data
Children detained alongside their non-Korean parents facing residency issues are left isolated, cut off from access to education and medical services
A total of 886 foreign minors were kept in South Korea's state-run immigration detention facilities between the beginning of 2020 and May 23 this year, a lawmaker revealed Monday, citing data from the Ministry of Justice.
According to data obtained by Rep. Han Chang-min of the Social Democratic Party of Korea, most minors held in South Korea's immigration detention centers, located in Hwaseong, Cheongju, and Yeosu, are confined alongside parents who either lacked legal residency or were under deportation orders.
While South Korea does not issue deportation orders to minors, children are permitted to remain in detention if a detained parent wants their child to stay with them. South Korean law does not prohibit the detention of children in immigration facilities.
There were as many as 13 cases in which foreign minors were kept in custody for over 100 days. In 2020, a 1-year-old child spent 141 days in detention, while an 18-year-old was held for 631 days in detention last year. Korean law defines those under the age of 19 as minors.
The immigration office can extend the detention every three months, but the total period cannot exceed nine months, according to the revised Immigration Control Act, passed by the National Assembly earier March. However, if the individual is seeking asylum or involved in legal proceedings, the period may be prolonged to as long as 20 months.
'Detaining migrant children is a clear violation of the United Nations Convention on the Rights of the Child and should be regarded as a serious human rights concern by both the Korean public and the international community," Han said in a press release.
The convention, adopted by the UN General Assembly in 1989, aims to protect the rights of all children and ensure their well-being, including their rights to survival, development, and protection from abuse. It has been ratified by 196 countries as of last year. South Korea joined the convention in 1991.
The lawmaker also voiced concerns over the poor conditions faced by migrant children in detention, saying they are 'held in cramped spaces alongside adults, without access to educational programs, or even basic child care services critical to their development.'
In April 2023, a Mongolian man residing in South Korea without legal status was arrested during a police crackdown and held at the Hwaseong Foreigners' Detention Center for about 18 days along with his 3-year-old son, who reportedly needed regular hospital visits due to a congenital medical condition, according to local news reports.
Han urged immigration authorities to comply with their own regulations regarding the detention of migrant children.
Under the Justice Ministry's rules on the protection of foreign nationals in detention, if a foreign national under the age of 18 is held for more than one month, appropriate education may be provided based on the individual's age and abilities, and the facility may also outsource educational programs.
'More than three decades have passed since the country became a party to the international child rights convention, yet the government's mindset remains outdated and regressive,' Rep. Han said.
'I will continue working to revise the Immigration Control Act and the Child Welfare Act to fully prohibit the detention of foreign minors and ensure that migrant children have access to essential services, including counseling, foster care, and medical or institutional support.'
