REPUBLIC OF KOREA (SOUTH KOREA): Access to justice for children

This report is part of CRIN's access to justice for children project, looking at the status of the CRC in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.

The Convention on the Rights of the Child (CRC) has an ambiguous status in South Korean law. Though formally part of national law, the CRC does not take precedence over domestic legislation and has rarely - if ever - been used by national courts. In most circumstances, children are reliant on their parents or guardians to bring cases on their behalf, though since 2013, it has been possible to appoint a supervisor that can resolve conflicts of interests between a child and a guardian. However, a well established legal aid system is in place for civil, criminal, administrative, constitutional and family cases and can support challenges to children's rights in a variety of settings.

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