‘출생 등록될 권리’의 실현을 위한 헌법적 쟁점

Abstract

All children must be registered at birth so that they can grow and develop peacefully under the protection and support of the state and society. However, as members of the community, children receive legal guarantees only after they are granted legal status through birth registration. in the case of unregistered children whose birth is not registered, they are not protected by the basic right to survival and social safety net. in the case of children who require assistance from others in the process of growing mentally and physically, their existence as members of the community must first be confirmed in order to guarantee and realize their human rights. Therefore, in this article, we examine the implications of birth registration from the perspective of children's rights and the current status and problems of Korea's birth registration system through the decisions of the Constitutional Court and the Supreme Court. in this regard, in order to confirm the legal nature of the right to birth registration, we examine the discussion on the legal nature of the right to birth registration through the decisions of the Constitutional Court. Finally, in order to prevent omission of child birth registration, Analyze the contents of the amendment to the ‘Act on Registration of Family Relations, etc.’, which is the legal basis for the introduction of the birth notification system, and the ‘Special Act on Crisis Pregnancy and Protected Birth Support and Child Protection’, which is the legal basis for the introduction of the protected childbirth system. Afterwards, the limitations of these laws and ways to improve them are presented.