Gist of ComplaintOn May 3, 1996, the complainant married a woman known as Park, a Chinese national of Korean ancestry. At the time of their marriage, the complainant gave up entering Park's then eight-year-old daughter, known as Kwon, in the family register. In order to adopt Park's daughter, however, the complainant entered Kwon in his family register and requested the 00 Immigration Office to issue a visa for her on October 29, 2004, but the application was rejected.
Respondent's ArgumentVisa issuance was not permitted because the victim's uncle and aunt on the mother's side had been staying in South Korea illegally.
Determination and Action by the Commission
① Article 10(1) of the Convention on the Rights of the Child ratified by the government of the Republic of Korea on December 20, 1991 stipulates that " applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be handled by States Parties in a positive, humane, and expeditious manner." Article 10(2) of the Covenant provides that " State Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country." ② Article 23(1) of the International Covenant on Civil and Political Rights ratified by the government of the Republic of Korea on July 10, 1990 stipulates that " The family is the natural and fundamental group unit of society and is entitled to protection by society and the state" ③ Article 10(1) of the International Covenant on Economic, Social and Cultural Rights ratified by the government of the Republic of Korea on July 10, 1997 provides that " The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children." These covenants stipulate that a government must provide special protection to children and is also obligated to protect the family. Therefore, the aforesaid action by the respondent is deemed in violation of such international covenants. The Commission recommended in February 2005 that rejection of the complainant's application for visa issuance be retracted and that such visa issuance be permitted.