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[학술저널]

  • 학술저널

Hounjoung Kim(Konkuk University) Ji Eun Han(Konkuk University)

DOI : 10.14431/omnes.2019.07.9.2.45

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초록

Many Korean-Chinese are staying in Korea for economic reasons, and unlike other foreign unskilled workers, their children are allowed to accompany them. The right to education is a premise of human dignity and other fundamental rights; it is desirable to recognize at least the right to the necessary conditions for receiving compulsory education for the Korean-Chinese children living in Korea. In addition, pursuant to the UN Convention on the Rights of the Child, the Korean government has an obligation to guarantee all children free elementary education and public education. The current legislation lacks a basis for the obligations of the state or parents with foreign nationality to provide compulsory education to their children. Also, as the current legislation lacks specificity in the contents of the law, implementation of the policy is left to the discretion of the state. Efforts should be made to ensure that as many Korean-Chinese children as possible enjoy practical educational rights. Although it is important for the judiciary to actively consider the right to education in the Constitution and in international treaties, legislative efforts are also important. As cases in foreign countries suggest, cooperation between the private sector and the government should be considered.

목차

Abstract
Introduction
The Right to Education in the Korean Constitution and International Treaties
Educational State of Korean-Chinese Children and Limitations of Legal System
Introduction of Overseas Cases to Guarantee and Support Educational Rights for Children of Migrant Background
Educational Rights for Migrant Children in the United States
Guarantee of Right to Education for Immigrant Children in Germany
Guarantee of Right to Education for Children with Migrant Background in Japan
Conclusion
References

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