The Anti-Corruption and Civil Rights Commission announced on October 21 that it may consider retroactive payments for parental benefits if there are unavoidable circumstances that led to a delay in the application. Parental benefits are additional child allowances provided for children under the age of two, as stipulated in Article 4, Section 5 of the Child Allowance Act and Article 2, Section 1 of its enforcement decree.
According to the commission, an individual identified as A gave birth to a child overseas in September 2025. However, due to incorrect gender information on the birth documents from that country, A was unable to apply for parental benefits on time as the correction process took considerable time. Considering these unavoidable circumstances, A filed a complaint requesting retroactive support for parental benefits.
The commission's investigation revealed that under the Child Allowance Act, if a parental benefits application is submitted within 60 days of the child's birth, payments should be retroactive to the month of birth. However, if the application is not submitted due to unavoidable reasons such as natural disasters, the head of the local government can exclude that period from the 60-day timeframe after consulting with the Child Welfare Review Committee.
In this case, the commission noted several factors that warrant further review: the specific circumstances of the case, the fact that the incorrect gender designation on the birth documents was not A's fault, and that A could not have expedited the correction process. Additionally, A promptly applied for the correction of the birth documents and took necessary steps to register the birth in South Korea. The commission emphasized that the purpose of parental benefits is to alleviate the economic burden of child-rearing and promote the basic rights and welfare of children, and excluding retroactive payments solely due to a missed application deadline contradicts this purpose.
The commission stated, "The incorrect information on the birth documents created difficulties in completing the normal birth registration and parental benefits application process in South Korea. We believe that the time taken to correct this error was unavoidable." They added that they would proceed with the necessary procedures to allow the Child Welfare Review Committee to specifically review the possibility of retroactive payments for parental benefits.
Min Seong-sim, head of the commission's complaint handling department, remarked, "Parental benefits are designed to ease the economic burden of child-rearing, so it is essential to thoroughly examine the reasons for any delays in applications that are not the fault of the guardians." He further stated, "We will continue to work to ensure that citizens are not unfairly excluded from welfare benefits."
* This article has been translated by AI.
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