2023-05-16 11:55:29
Litigation for damages against adoption agencies and the government
Court “Violation of Obligation to Confirm Nationality Acquisition”
Representative “It is regrettable that the responsibility of the state is missing”
The first ruling came out that the adoption agency must compensate an adoptee 100 million won to an adoptee who was adopted in the United States 44 years ago but was deported to Korea because he was not protected by the adoption agency and did not obtain citizenship.
On the 16th, the 18th Civil Settlement Division of the Seoul Central District Court (Chief Joon-Min Park) said, “Pay 100 million won to Mr. ruled that However, Shin’s claim against the government was dismissed.
Shin was adopted to the United States through Holt in 1979 when she was 3 years old, but she was displaced, and at the age of 12 she went through adoption and dissolution again. He, who failed to apply for citizenship due to his adoptive parents’ continuous abuse, was deported to Korea in 2016, separated from his children, after a minor criminal record was revealed in the process of reissuing a green card in 2014.
Mr. Shin filed a lawsuit claiming that Holt made an orphan family register and sent him to the United States as an orphan, even though his birth mother was present during the adoption process.
The court said, “(Holt) acknowledges that he violated his duty to protect Shin as a guardian and his duty to confirm the acquisition of nationality for Mr. Shin.” However, regarding state responsibility, “If you look at the relevant laws and regulations, it is reasonable to assume that the state also bears the general duty to promote children’s rights and welfare,” he said. It is difficult to see it as a possible basis.”
Adoptee Shin Song-hyeok (Adam Crapser)’s legal representative, Kim Soo-jeong, holds a press conference after winning part of a lawsuit for damages for illegal adoption held at the Seoul Central District Court in Seocho-gu, Seoul on the 16th. 2023.5.16. yunhap news
Attorney Soo-jeong Kim, who served as the agent, said, “It is only natural that Holt acknowledged responsibility for the illegality, but it is regrettable that it did not acknowledge the responsibility of the state for managing, planning, and tolerating the illegal overseas adoption.” “We will discuss with the client whether to appeal,” he added.
With this ruling, some point out that the international adoption system needs to be modified and a remedy for damages caused by illegal adoptions is urgently needed.
Korea is the world’s largest overseas adoption country, to the extent that it has the stigma of being a ‘child exporting country’. According to statistics from the Ministry of Health and Welfare, overseas adoptions are on the decline, but the total number of adoptions from 1953 to last year was 168,427. According to data submitted by domestic adoption agencies to the Ministry of Health and Welfare, there are currently about 23,000 people whose nationality has not been confirmed after international adoption.
However, the current government does not have the authority to preemptively investigate overseas illegal adoptions or to look into all individual adoption records. An amendment to the Act on Special Cases concerning Adoption, which strengthens the responsibilities and roles of the state and local governments in domestic and international adoption of children, is also pending in the National Assembly.
At least, the Committee for Reconciliation of the Past for Truth and Reconciliation (Evolution Committee) is just about to investigate the ‘human rights violation case in the process of overseas adoption’. An official from the Ministry of Health and Welfare said, “We will take a good look at the necessary measures depending on the reason for the judgment and faithfully participate in the investigation by the Evolution Committee.”
Reporter Park Sang-yeon
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