KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Backgrounds and Purposes

▶ In the 1990s, many single males in rural areas of South Korea experienced difficulties finding a spouse, the problem having gradually become a social issue during the country’s rapid industrialization and urbanization. To counter this trend, the “Project to Promote Marriage of Single Males in Rural Areas” was introduced, resulting in a corresponding rise in the number of international marriage brokers, who saw an opportunity to earn money from the situation.

▶  It may appear that women who migrate to another country for international marriage is a matter of personal choice. However, diverse factors underlie such a choice, including certain negative effects of the global capitalist system, the society of the country of origin or destination, and the prevalence of international marriage brokers looking for opportunities to earn money. Female migrants married to Koreans face many problems including the language barrier, economic difficulties, a new living environment, children’s education, and cultural differences. 

▶ The Marriage Brokerage Act of Korea contains provisions on the obligation to report and register marriage brokerage businesses, the matters which with such businesses should comply (restrictions or obligations), the relevant government office’s duty of management and supervision, and the responsibilities of marriage brokers, etc.

▶ Regarding international marriages arranged by international marriage brokers, a male wishing to find a spouse accepts a woman from her home country (“the country of origin”) and pays a brokerage fee. This system has been criticized for being akin to human trafficking and for treating women as commodities. Furthermore, problems like marriage fraud and fake marriages have arisen, as well as human rights issues due to women’s vulnerable status. As such, there have been calls for modification and improvement of the legislation and systems related to international marriages. 

▶ This study attempts to suggest ways of improving the problems and limitations of the Marriage Brokerage Act of Korea based on an analysis  focused on victims and cases of infringements of women’s rights and interests.

 

Ⅱ. Major Content 

▶ International marriages and brokerage  

○ The term “international marriage” refers to marriage between a couple with different nationalities, while the term “marriage brokerage” refers to the act of mediation between potential spouses. A couple wishing to find their future life partner meet each other through the intervention of a marriage broker, exchange information with each other, and make a decision whether to marry or not.

○ In cases where one or more of the factors that lead a couple to consent to marriage end up being unattainable, either partner may find their marriage to be something  entirely different from their expectations, or the non-Korean woman may be relegated to the status of an illegal alien due to the invalidation or cancellation of the marriage. In addition, if the marriage has produced a child, that child will likely experience considerable hardships later in life. Accordingly, the government needs to pay closer attention to all matters concerning multicultural marriages and families. 

○ Given that some Asian countries, including Vietnam, prohibit international marriage brokerage for profit, it is necessary to maintain cooperative relations between the government of the country of origin and international marriage brokers.

▶ Status and problems of international marriage brokerage, with a focus on the survey of the status of the marriage brokerage business in 2020

○ The types of damages arising from international marriage brokerage include a lack of expertise or a sense of responsibility. Unfortunately, the law’s provisions on registration, disqualifying factors, regulation of certain brokerage acts, etc. are insufficient to prevent damages, making  it necessary to provide more positive criteria concerning the qualifications and standards for international marriage brokerage businesses and their employees.

○ Many ads of marriage brokerage businesses, including the recruitment of customer members, some of which are   indiscriminately promoted through social media, may be criticized for their discrimination or prejudice towards non-Koreans or for their commercialization of sex as those ads are related to women. Since these ads are promoted with no age limit, it is an urgent pending issue requiring close and continuous monitoring. 

○ According to one report, it takes as little as 5.7 days on average for a marriage arrangement to obtain consent through international marriage brokerage. Therefore, it is necessary to devise a reasonable system for deterring hastily arranged marriages. Needless to say, a lack of sufficient or true information and hasty decisions on marriage are likely to lead to undesirable results.

○ The items of personal information provided through international marriage brokerage need to be more diverse than those stipulated by the current regulations. Arrangements should also be made to provide personal information by stages rather than all together at the time of the first meeting.

▶ The laws on international marriage brokerage of major countries

○ Vietnam prohibits international marriage brokerage for profit, and only allows specially qualified organizations (i.e. those providing   advice/support for marriage with foreign nationals and families) to engage in “non-profit” international marriage brokerage.

○ As for Germany, the relevant agreements have gradually been changed from “marriage brokerage agreements” to “partnership brokerage agreements.” The status of marriage is simply recognized by a couple expressing the intention to marry in front of the official in charge of registering their status as a couple. The official has “substantial” right to assess the truthfulness of a couple’s intention to marry and may refuse to cooperate with them.

○ In the United States, the International Marriage Broker Regulation Act (IMBRA) stipulates that a female migrant who is considering marriage to an American shall have the right to be provided with information on a potential spouse in advance; that she shall be protected from expropriations; that arrangements shall be made to prevent her    victimization or persecution; and that the relevant official shall explain to her what she needs to know to obtain U.S. citizenship or live in the country in her native language.

○ As for Taiwan, the country prohibits international marriage brokerage for profit, and only allows non-profit foundations to engage in international marriage brokerage. In addition, such non-profit foundations are required to undergo an annual assessment of their service quality.

○  As regards different countries’ laws on international marriage brokerage businesses, they can be broadly divided into two groups:  those that have written stipulations about such businesses and those that do not.  There are also countries that engage in secondhand stipulations through the relevant laws, although they do not have written stipulations about such businesses. Countries that do have written stipulations all have one thing in common, namely, they have recorded serious human rights infringements due to international marriage brokerage. The status of governmental intervention differs from country to country, with some countries viewing the insistence on international marriage brokerage-related qualifications as being in the public interest, and others choosing to regulate acts of brokerage rather than focusing on qualifications.

▶ Desirable directions for improvement of the international marriage brokerage system

○ Suggestions for improvement of the international marriage brokerage system can be divided into mid/long-term ones focused on development and short-term ones focused on improvement.

○ The mid- to long-term direction should include the following: ① distinction between domestic and international marriage brokerage systems in the Marriage Brokerage Act, ② enhancement of the public interest of international marriage brokerage businesses, ③ strengthening of the expertise and responsibility of persons engaging in the  international marriage brokerage business, ④ avoidance of hastily arranged international marriages, ⑤ strengthening of the education for international marriage brokerage businesses, their users, and their partners, ⑥ improvement of the systems related to marriage     registration, immigration, naturalization, etc., and ⑦ a change in the perception of marriage.

○ The matters covered in the Marriage Brokerage Act, which should be revised in the short term first of all, should include the following: Article 1(Purpose), Article 2(Definitions), Article 7(Prohibition of Concurrent Engagement), Article 9(Prohibition against Lending of Name), Article 10-2(Provision of Personal Information), Article 11(Compliance, etc. with the Applicable Foreign Statutes), Article 12(Prohibition, etc. of False or Exaggerated Indication and Advertisement), Article 14-2(Business    Alliances of International Marriage Brokers), Article 24(Education), Article 24-2(Education on the Prevention of Damage to Users of International Marriage Brokerage Businesses), and Article 25(Guarantee of Compensation Liability for Damages). It would also be advisable to insert certain provisions in the said Act.

 

Ⅲ. Expected effects

▶ This study has attempted to suggest mid- to long-term directions for the development and short-term improvement of international marriage brokerage businesses, based on the current status of and problems with the law on international marriage brokerage businesses, in the hope that it may be used as a reference material in formulating the relevant policy and its legalization.

▶ Considering that the rights and interests of female migrants married to Koreans and the prevention of their victimization are closely related not only to their status as the counterparty to international marriage brokerage, but also to other systems concerning immigration and the acquisition of Korean nationality,  it is expected that this study will be used as a reference material when verifying the need for and reasonableness of the relevant policies, as it suggests ways to improve the shortcomings of the current system from diverse perspective based on an accurate understanding of the relationship between the Marriage Brokerage Act and other relevant laws.