Collaborative on Global Children's Issues

Danil minjok, the ideology of “single blood,” is a widely used term in Korea to describe national identity. The sense of oneness derived from shared ancestry and bloodline has long supported the belief that Korea is a homogeneous nation. However, shifting demographic trends and the Korean government’s growing willingness to adapt to this reality are increasingly challenging this notion. According to Kim-Bossard’s article, “Challenging Homogeneity in Contemporary Korea,” marriage and labor migration have brought increasing numbers of immigrants, primarily from East and Southeast Asia, to Korea to marry Korean nationals or to work. These immigrants arrive with children or have children in Korea.

Children born to foreign nationals often face difficulties navigating the system due to their lack of citizenship. They are also vulnerable as they can fall under an undocumented status for various reasons. Undocumented children grow up and are educated through the public school system, yet face the threat of deportation after completing their education in Korea. In response to this tension, the Korean Ministry introduced an initiative in 2022 to grant visas to undocumented children, allowing them to remain in Korea into adulthood. In March 2025, this policy was extended for an additional three years, remaining in effect through 2028.

Facing this reality, the question is no longer whether Korea is a homogeneous nation. Instead, debates around birthplace, duration of residence, and cultural belonging are becoming more central in public and policy discourse. This blog argues that Korea’s policy response represents a gradual and iterative process of adaptation, revealing both meaningful progress and persistent structural limitations.

Undocumented Children in South Korea

Children with Migration Backgrounds

In Korea, children with migration backgrounds are broadly categorized based on parental nationality (both foreign nationals or at least one Korean) and birthplace (born in Korea or abroad) under the Elementary and Secondary Education Act. However, regardless of birthplace, the Nationality Act grants citizenship if at least one parent is a South Korean citizen at the time of birth, following the principle of jus sanguinis (right of blood). Thus, children’s status depends on parents’ visa status regardless of their birthplace.

Historically, Korea’s policy focus for children with migration backgrounds centered on children with one Korean parent. However, recent policy shifts reflect the government’s expanding focus on foreign national families as their presence in Korea becomes increasingly relevant. Children from these families increased from 17.8% in 2021 to 26.1% in 2025 within the total number of students with migration backgrounds.

Pathways into Undocumented Status

Children without a Korean citizen parent can easily fall into undocumented status when their parents fail to meet their short- or long-term visa requirements. This happens regardless of birthplace, which shows how legal precarity is structurally produced when children’s residence status is fully dependent on parental status. Although official data is unavailable, advocates estimate that approximately 20,000 undocumented children reside in Korea.

However, the most vulnerable consist of children whose births are never registered at all, which often occurs when parents are asylum seekers or undocumented migrants who face barriers accessing their embassy or securing required documentation. In such cases, the child lacks official proof of birth, being neither registered in Korea nor in the parents’ origin country. As a result, undocumented children are those who fall through the cracks of administrative systems, at the intersection of incomplete birth registration and their parents’ unstable legal status.

The Paradox: Social Inclusion and Legal Exclusion

Undocumented children are integrated into Korean society as the state has invested in the social and educational development of these children. Under the 2010 “Measures to Support the Right to Learn for Undocumented Students,” they are permitted to complete the full trajectory of public education without being deported. This way, children form their identity as de facto Koreans based on the language, culture, and peer networks they form within the country.

However, prior to the 2021 policy shift, undocumented children faced the threat of deportation upon graduation due to their unstable status. This resulted in the potential loss of individuals who had been shaped through public education and had developed strong socio-cultural ties to Korea.

Government Responses: Evolving Policies for Long-term Residing Foreign Children

The National Human Rights Commission of Korea (NHRCK), the Network for Improving the Fundamental Rights of Children and Adolescents from Migrant Backgrounds, and other human rights organizations have continued to fight against the deportation risk children face post-high school. On March 31, 2020, NHRCK recommended that the Ministry of Justice halt the forced deportation of undocumented children who have been residing in Korea long-term and establish a visa system allowing them to stay after graduation. The Commission emphasized that these children had not chosen to migrate, had formed their identities through Korean public education, and often had little or no meaningful connection to their parents’ country of origin.

The government responded to these concerns by implementing measures that have evolved from 2021 to its recent renewal in 2025.

2021: Conditional Relief Measure for Illegally Residing Children Born in Korea

In 2021, in response to the NHRCK, the government introduced a conditional relief measure. Foreign children who were born in Korea, had resided there for over 15 years, and enrolled in or graduated from a middle or high school without a legal residency status were eligible to apply for this relief. Those who met strict criteria could receive a language training visa (D-4), and their parents were granted temporary status (G-1) with limited work authorization. After high school graduation, students could “transition to a student visa (D-2) to enroll in universities or receive relevant work visas if qualified.”

Children from foreign families born abroad, those who had lived in Korea for fewer than 15 years, and younger elementary students were excluded. As parents were granted a temporary status tied to their children, the Ministry of Justice’s concern that broader eligibility could incentivize irregular family migration was embedded in the policy design. Younger elementary students were excluded with the justification that they could more easily reintegrate into their country of origin upon return.

The eligibility criteria show how the government perceived birthplace and duration of stay in constructing a national identity. The criterion of Korean-Born or residence of 15 years implies that the child should have grown up a whole lifetime to form a strong tie to the country.

2022: Measures to Grant Residence Status to Long-Term Resident Foreign Children

In 2022, the relief was revised as “Measures to Grant Residence Status to Guarantee the Right to Education for Long-Term Resident Children in Korea,” effective until March 31, 2025. Eligibility expanded to include foreign children born abroad who entered the country as an infant and resided in it for six years, or entered Korea aged 6 or older and resided for at least seven years. The policy announcement explicitly mentions that “the change responded to sustained advocacy by academia, civil society, and human rights organizations against the restrictiveness of the 2021 relief.”

The 2022 revision reflects a shift from a punitive framing of illegality to a rights-based framing grounded in educational continuity, although eligibility remained tightly constrained. Including foreign children born abroad acknowledges that children develop and form identities through social and educational experiences, regardless of birthplace. The shortened period of six to seven years also implies that the government has lowered its requirements to at least half of the child's lifetime to ensure their ties are rooted in the country of lived experience.

Policy Evaluation: The Gap Between Legal Status and Substantive Inclusion

The policy was in effect for three years until March 2025, and the Ministry of Justice announced in 2025 that a total of 2,713 people, including 1,205 children (76.8% of whom were elementary students) and 1,508 parents, were granted residency status. While the policy provided progress in legal status and basic rights, it also failed to achieve practical inclusion of these children.

Indicators of Progress

The NHRCK reported monitoring survey results from August to December 2023 to study the implications of the system and trace the issue of low application rates. The fact that students could study without fear of deportation was a key development. The legality itself was another factor that allowed youth to access basic services and apply for university. Youth representatives from the LET US DREAM campaign mentioned how the legal status was crucial for them to apply for university, along with other tangible benefits in their daily lives.

"I have health insurance, a cell phone in my name, a driver's license to drive, and the thought of being able to travel—some people might think it's nothing special, but for me, it was really special,” Taewan (originally from Mongolia) explained in the LET US DREAM campaign.

Structural Limitations

Deterrence to Application

The NHRCK’s 2023 monitoring of low application rates found that procedural and financial barriers significantly limit access to the system. In particular, the requirement to pay substantial overstay fines, up to 9 million KRW (approximately $6,000 USD) per parent in a lump sum, combined with documentation difficulties, creates a high threshold for participation. These constraints are compounded by limited information and inconsistent administrative guidance, resulting in widespread non-application even among eligible families.

Limited Pathway After High School Graduation

Despite being able to enroll in university, financial constraints often prevented students from actually pursuing higher education. For those who wish to work after high school, their granted status only allows them to obtain a student visa (D-2) to stay in Korea. Employment visas (E-7) typically require a bachelor’s degree or five years of professional experience, which often leaves university enrollment as the only option.

Conditional Status

This visa system is conditional on “maintaining faithful academic performance” and “compliance with legal norms,” with the possibility of being revoked when violating the rules. Such conditions may create psychological pressure, and the school can become a site of vulnerability.

“When I was in middle school, I got into a fight with a friend, and my teacher told me I could be deported from Korea. […] I was a good student and had a cheerful personality, but after that, I became a timid person,” Taewan said in the LET US DREAM campaign.

Mixed Family Statuses

Family instability also plays a big role. One of the major findings from the 2023 NHRCK survey was that children were affected by differing visa statuses within a single household.

“My siblings and parents applied for residency. I wanted to apply too, but they said I couldn't because I wasn't enrolled in school,” Muvina (aged 21, originally from Russia) explained in the LET US DREAM Campaign. “I asked if I could apply again if I enrolled in high school, but the immigration officer said that I shouldn't try to live with my parents and should return to my country. I was deeply hurt.”

2025–2028: Policy Extension and Expanded Pathways

LET US DREAM: Voices of the Youth

In December 2024, 100 days before the policy was set to expire, the Network for Improving the Fundamental Rights of Children and Adolescents from Migrant Backgrounds, together with five youth representatives granted legal status under the 2022 policy, launched LET US DREAM. The campaign collected signatures calling for an extension of the current measures and delivered them to the National Assembly and the Ministry of Justice.

It also produced interviews, videos, and a dedicated website featuring youth testimonies, highlighting how the policy had shaped their everyday lives. One participant reflected: “Before I received my legal status, I felt so lost and hopeless, but for the first time, I feel like I've finally seen some hope.”

Another voice came from Rawan Abdulmajid, a high school student with a migrant background, at the National Assembly on March 12, 2025. She stated: "During the time when my residency status was unstable, my family and I had to live with constant worry about the future. I will live my life giving back to society the grace and hope I received in Korea. I hope the system continues so that children like me can dream without fear."

Responding to the mounting external pressures, the policy was ultimately extended until March 31, 2028, allowing undocumented children and their families to remain in Korea for study and work.

Policy Changes and Remaining Gaps

The policy extension introduced two major changes in response to concerns at the ground level.

Ensuring a Stable Family Life and Engagement

Siblings of a child granted residency status (D-4) may now also receive temporary status (G-1), addressing instability within families where only one child qualifies. The revised policy also introduces new parental requirements, including mandatory participation in social integration education programs as part of the application process. While framed as a safeguard against misuse, this measure also underscores the importance of caregiver responsibility and family stability in sustaining children’s educational continuity.

Expanded Pathways

The 2025 revision expands post-graduation pathways beyond higher education, introducing more flexible employment and regional settlement routes. These include job-seeking (D-10) and employment visas (E-7), as well as a regional pathway for individuals residing for at least four years in designated “depopulation-risk regions.” This evolution acknowledges that the traditional academic trajectory is not the sole viable framework for integration. Rather, the focus is now on empowering youth to become contributing members of society through multifaceted avenues.

Conclusion

South Korea’s relatively recent policy implementation and subsequent revisions represent meaningful progress. It transitioned the framing of these children from illegally residing individuals to foreign youth who have grown up in Korea, signifying that the right to belong is increasingly rooted in formative social experiences and their potential to contribute to the nation’s future.

Call for Reform

As policies evolve, Korea must shift from granting formal eligibility to addressing life-cycle barriers and achieving substantive inclusion. While the current system provides a pathway to residency and higher education, eligibility alone is insufficient to reduce procedural and financial barriers that hinder application. Consequently, a more holistic, life-cycle approach is required to ensure children can successfully navigate the process and transition into adulthood, supporting their long-term aspirations and societal contributions.

Furthermore, future policy must account for the quality of integration and stability experienced at the community level. The system, now evolving to a broader family-centered approach, as reflected in the second iteration (2025–2028), presents potential for future community-level expansion. For instance, while the introduction of a new regional pathway targeting “depopulation regions” is a creative attempt to encourage youth settlement, it requires sophisticated revision; integration outcomes may not align with policy intentions, as social and economic opportunities remain concentrated in major cities.

Youth should not only serve as indicators of policy outcomes but also be actively involved in decision-making processes. The 2023 monitoring survey provided crucial insight into how the policy operated in practice and its real-world implications, which subsequently informed adjustments that better reflected children’s needs. As more beneficiaries emerge from the first and second phases, it is crucial to incorporate their lived experiences into policy design, addressing both successes and challenges.

Closing Reflection

This blog article seeks to shed light on the ongoing tensions faced by one of the most ethnically homogeneous nations as it navigates the inclusion of foreign children into society. Foreign children in Korea are becoming more visible both in society and within policy discourse. Adapting to this evolving reality, the government attempts to redefine social norms and balance the needs of foreign children while ensuring the system is not misused. Although the government’s response has been gradual, it demonstrates a growing willingness to adapt to demographic changes and respond to pressures from humanitarian actors.

The first round (2022-2025) marked the initial stage of establishing a legal basis, enabling youth to enroll in universities after high school without fear of deportation. Upon the conclusion of this phase, mounting pressure from youth representatives and advocacy groups catalyzed a policy extension, which the government granted for three additional years. Crucially, the 2025-2028 policy now recognizes alternative pathways to thrive in Korea beyond higher education and incorporates measures to stabilize families, thereby ensuring children receive continuous support throughout their educational journey.

This progress is commendable, yet it remains incomplete. It leaves significant room for further refinement and reflects an ongoing process of trial and error, thereby serving as a meaningful reference point for other countries. If the ultimate goal is not only to meet international obligations by providing education but also to enable these youth to thrive and contribute to society, policies must move beyond legal eligibility, address barriers across a spectrum, and engage the broader ecosystem that shapes children’s development and aspirations.

Katherine Yehyun Kim (G'26) is a graduate student at Georgetown University studying international migration and refugee studies, with research interests focused on how legal precarity shapes integration and migrants’ sense of belonging.