Will Ms. Wi Yun-mi Become Guardian of Child With No Legal Kinship?

Ms. Wi Yun-mi (55), who is battling stage 3 thymic cancer, has been acting as the 'second mother' for a 7-year-old child under foster care for seven years, but faces difficulties in becoming the child's legal guardian. Ms. Wi and her husband have been fostering children in need of care for seven years. In particular, this child came to the Wi household at age two from a single mother facility, as the biological father was difficult to locate. Ms. Wi worries about the trauma the child might experience due to separation from the biological mother and differences in appearance, and is concerned that her own health issues could destabilize the child's future.

Ms. Wi Yun-mi and her husband faced practical difficulties, including paying approximately 600,000 won (about $450 USD) of their own money for Eden's facial injury treatment. Legally, they were simply considered 'cohabitants,' limiting their ability to consent to the child's surgery or provide financial support.

Although an amendment to the Enforcement Decree of the Child Welfare Act grants foster parents temporary guardianship for one year, there are opinions that the foster care system often deviates from its original intent of returning children to their biological families or providing temporary care before adoption, becoming prolonged. Improvements are needed to guarantee foster parents' substantial caregiving rights.