A man speaks over a phone at a facility for undocumented foreign nationals in Hwaseong, Gyeonggi Province, in this January 2022 file photo. Korea seeks to ban detaining undocumented foreign nationals under 14. Korea Times file

Korea is moving to ban the detention of undocumented foreign nationals under the age of 14, aiming to better protect minors who are vulnerable to rights violations because of their own legal status and the precarious situations of their parents.

The National Human Rights Commission of Korea said, Thursday, that the Ministry of Justice notified it of its pledge to work on revising the Immigration Act and related regulations in order to officially implement the ban.

The ministry also promised to revise related enforcement ordinances to ensure that immigration officials consider the rights of children under the age of 18 when deciding whether to detain their parents who violate the law and have no one else to care for them.

The commission viewed the ministry's decision as a partial acknowledgment of its recommendation to effectively ban the detention of all undocumented minors.

"According to the United Nations Convention on the Rights of the Child and Korea's Child Welfare Act, the definition of children is individuals under 18. The age limit the ministry set (under 14) is not what we hoped for, but the move to codify the ban on detaining young children is a step forward, which should be welcomed," the commission said in a statement.

The decision to strengthen the rights of foreign minors living in the country without visas comes after years of advocacy by the commission to highlight the issue and bring it to the government's attention.

Since 2018, the commission began to urge the ministry and the National Assembly to make necessary policy changes to better protect such children. Its latest attempt came on April 12, 2024, in response to a petition from an undocumented Mongolian citizen who had a 2-year-old child.

In the petition, the man, who was being detained with his son at a facility in Suwon, Gyeonggi Province, claimed that their human rights were violated because the living environment there was not suitable for the toddler, who required special medical attention after being born prematurely. He asked immigration officials to release them so that his son could receive proper medical services and resolve financial matters before returning to Mongolia.

But the officials turned down the request, saying that the son had no major health problems and evidence was not sufficient to prove that they actually had financial matters to resolve. As a result, the two were held there until they were deported on April 20, 2024.

In a statement released later, the commission argued that officials should have given greater consideration to the best interests of the child when making their decision. Citing international conventions that emphasize prioritizing the best interests of children in all matters concerning them, the commission said detaining young children cannot be justified and called for a revision of the policy.

According to data from the ministry, Korea has witnessed a continuous trend of undocumented foreign children being detained in immigration facilities. Between 2019 and 2023, a total of 182 children were held, including one who was detained for as long as 196 days.