The Consul at the Embassy of the Republic of Korea, in Ottawa, as well as 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 (Embassy of Korea 6 Nov. 2003; Consulate General of Korea 7 Nov. 2003; Korean Air 7 Nov. 2003). In fact, minor children can travel alone (Consulate General of 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 (Consulate General of 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 (ibid.).

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.). 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.).

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 (Embassy of 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)

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

Consulate General of the Republic of Korea, Toronto. 7 November 2003. Telephone Interview with a visa officer.

Embassy of the Republic of Korea, Ottawa. 6 November 2003. Telephone and in-person interviews with the Consul.

Hague Conference on Private International Law (HCPIL). 3 November 2003. "Full Status Report Convention #28." http://www.hcch.net/e/status/stat28e.html [Accessed 7 Nov. 2003]

Korean Air, Toronto. 7 November 2003. Telephone Interview with a sales administrator.

Additional Sources Consulted

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, The Bureau of Consular Affairs