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Korea: Whether minor children travelling with one parent are permitted to leave the country without the presence or consent of the other parent in cases of marital separation or divorce; circumstances in which a parent cannot leave the country with their minor child(ren) without the presence or consent of the other parent (November 2003 - October 2007)

Both the Consul at the Embassy of the Republic of Korea in Ottawa, and a visa officer at the Consulate General of the Republic of Korea in Toronto indicated that there have been no changes to the information that was provided on 6 and 7 of November 2003 as contained in Response to Information Request KOR42195.E of 13 November 2003, which is provided below (Korea 18 Oct. 2007a; ibid. 18 Oct. 2007b). A representative at Korean Air airlines in Toronto, confirmed that there have been no changes to the information provided on 7 November 2003 and that there continue to be no restrictions imposed upon parents who travel out of Korea with their minor children (13 Nov. 2007).

In November 2003, the Consul at the Embassy of the Republic of Korea, in Ottawa, a visa officer at the Consulate General of the Republic of Korea, in Toronto, and a sales administrator for Korean Air airlines, in Toronto, all indicated that there are no restrictions imposed upon parents who travel out of Korea with their minor child(ren) without the presence or consent of the other parent (Korea 6 Nov. 2003; ibid. 7 Nov. 2003; Korean Air 7 Nov. 2003). In fact, minor children can travel alone (Korea 7 Nov. 2003) without the consent of both parents (ibid.; Korean Air 7 Nov. 2003). However, parental consent is required for the issuance of a passport to a minor child (Korea 7 Nov. 2003). In cases of separation or divorce, only the parent who has custody is required to sign the passport application for the child (ibid.). The parent who does not have custody of the child cannot sign the passport application (Korea 7 Nov. 2003).

In respect of minor children travelling alone, the sales administrator for Korean Air said that arrangements for escorting such a child must be made between the parents and the airline prior to the departure date (Korean Air 7 Nov. 2003.). To make such arrangements, a specified form must be completed and signed by one parent only (ibid. 7 Nov. 2003). Upon arrival at the airline's destination, Korean Air representatives require the presentation of identification documents from the guardian named on the completed form before the child is transferred to the guardian's care (ibid. 7 Nov. 2003).

The Consul at the Embassy of the Republic of Korea, in Ottawa, indicated that while in certain cases custody court documents stipulate that one or both of the parents are prohibited from leaving the country with the child(ren), the Consul was unaware of how such a custody order is enforced by immigration officials at Korean ports of exit (6 Nov. 2003). He also added that an exit control system is in place in Korea, but that it is only used to prevent persons who have already violated civil and/or criminal laws from leaving the country (Korea 6 Nov. 2003).

Neither the visa officer at the Consulate General of the Republic of Korea, in Toronto (7 Nov. 2003), nor the sales administrator for Korean Air airlines, also in Toronto (7 Nov. 2003) were aware of any circumstances in which a parent could be prevented from leaving the country with their minor child(ren) without the presence or consent of the other parent.

The Republic of Korea is not a signatory to the 1980 Hague Convention on the Civil Aspect of International Child Abduction (HCPIL 3 Nov. 2003; 26 Oct. 2007)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Hague Conference on Private International Law (HCPIL). 26 September 2007. "The Hague Conventions: Signatories, Ratifications and Accessions Status on: 26 September 2007." [Accessed 26 Oct. 2007]
_____. 3 November 2003. "Full Status Report Convention #28." [Accessed 7 Nov. 2003]

Korea, Republic of. 18 October 2007a. Embassy of the Republic of Korea in Ottawa. Telephone interview with the Consul.
_____. 18 October 2007b. Consulate General of the Republic of Korea in Toronto. Telephone interview with a visa officer.
_____. 7 November 2003. Consulate General of the Republic of Korea in Toronto. Telephone interview with a visa officer.
_____. 6 November 2003. Embassy of the Republic of Korea in Ottawa . Telephone and in-person interviews with the Consul.

Korean Air, Toronto. 13 November 2007. Telephone interview with a sales administrator.
_____. 7 November 2003. Telephone interview with a sales administrator.

Additional Sources Consulted

Publications: IATA Travel Information Manual (TIM)

Internet sources, including: Consulate General of the Republic of Korea (Toronto); Embassy of the Republic of Korea (Ottawa); Korean Air; Republic of Korea, Korea Customs Service; Republic of Korea, Ministry of Culture and Tourism; Republic of Korea, Ministry of Foreign Affairs and Trade; United States Department of State, Bureau of Consular Affairs.