South Korea to Allow Abused Children to File for Removal of Parental Rights

South Korean President Yoon Suk-yeol speaks during an inaugural dinner at a hotel, after his inauguration ceremony at the new presidential office in Seoul, South Korea, on May 10, 2022. Jeon Heon-Kyun/Pool via Getty Images

The State Council of South Korea has approved an amendment to the Family Litigation Act allowing abused minors to directly petition for the termination of parental rights, according to the Ministry of Justice.

The revised bill, which was approved at a cabinet meeting on Tuesday, is aimed at strengthening the procedural rights of minors in domestic litigation, the ministry said in a statement.

Under the new law, minors will be able to file a claim for termination of parental rights directly with the court, as opposed to the current law, which requires an appointment of a third person to represent minors.

“This is to strengthen the rights and welfare of underage children by introducing a system of assistants for reporting procedures,” the ministry stated.

The ministry said that it would be difficult for minors to find a representative to help them file for the termination of parental rights as family relatives may be hesitant to participate in such suits.

The revised law will also enable the court to hear from children when deciding custody of a child in a divorce case, regardless of the child’s age. Currently, only minors who are aged 13 and above can speak in custody cases.

The court may issue a detention order if child support payments are overdue by 30 days, as opposed to the current three months. The ministry said that the revised law aims to expedite child support collection.

The number of child abuse cases in South Korea increased by 21.7 percent to 37,605 in 2021, compared to 30,905 in 2022, The Korea Times reported in August, citing an annual welfare ministry report.

Of the total cases, 40 children died in the abuse. The report states that 83.7 percent of child abuse cases were committed by parents, 9.6 percent by proxy guardians, 4 percent by relatives, and 1.7 percent by strangers.