The aim of this study was to examine the effectuation and breakoff of international marriages empirically. For this, the investigator looked into the overall flow of international marriage and divorce through the statistical data of international marr...
The aim of this study was to examine the effectuation and breakoff of international marriages empirically. For this, the investigator looked into the overall flow of international marriage and divorce through the statistical data of international marriage and divorce in 2007 and analyzed the current status of filing the international family affair lawsuits by dividing them into the first domestic trial court and Seoul Family Court.
In addition, the register procedure and administrative process of domestic modality-oriented international marriages were classified into the marriage in Korea, the marriage in foreign countries, and the marriage with the person whose country has no diplomatic relations with Korea and then examined the exception of marriage between Korean and Vietnamese and the changing process of marriage between Korean and Chinese.
The international jurisdiction and governing law, which had been problematic in the international marriage lawsuits, were examined on the basis of theories, precedents and concrete practices. In addition, the investigator examined basic data of Supreme Court's 100 judicial decisions of international marriage lawsuits which were registered on the decision making management system of the Supreme Court, Seoul Family Court's international divorce decisions in 1997, and Seoul Family Court's international marriage lawsuit decisions in 2006 and then concretely analyzed the cause of international marriage breakoff by dividing it into annulment and divorce. Finally, the investigator presented such settlement strategies of international marriages as the improvement of effectuation procedure of international marriages, the countermeasure of false marriages, and the support of internationally married families.
The number of international marriage cases between Koreans and foreigners in 2007 was 38,491 and of divorce cases, 8,828. The number of total family affair lawsuits filed in the first trial court in 2007 was 52,965 and the number of related foreigners was 4,407.
In case of the marriage in Korea, a Korean spouse hands in the statement of international marriage by attaching the foreign partner's qualification certificate of marriage effectuation according to the article 71 of the Family Relations Registry Law. The head person of a city (gu), an eup, or a myeon formally examines whether or not the requirements of marriage effectuation are fulfilled and then register the reason of the marriage in the Korean spouse's family relationship register, thus effectuating the marriage. In case of the marriage in foreign countries, the statement of international marriage must be handed in ambassadorial posts in the foreign countries by attaching the document which proves the effectuation of marriage in accordance with foreign methods or send an attested copy of marriage certificate to the head person of a city (gu), an eup, or a myeon who exercises jurisdiction over the register region of Korean spouse.
Regarding the approval of international jurisdiction for the international marriage lawsuit, in case of both concerned parties are foreigners, if a plaintiff is abandoned, a defendant is missing or in a similar circumstance, or there seems to be no fear of invading the benefits of a plaintiff when he or she accepts the legal suit, practices approve domestic jurisdiction only with the fact a plaintiff's address is in Korea.
In the marriage-related lawsuits between Koreans or a Korean and a foreigner, if both concerned parties are Koreans or a plaintiff is Korean whose routine residence or spouse's final address is in Korea, then domestic jurisdiction is approved. In case of applying the governing law of annulment or divorce, it follows the provision of the Private International Law. However, regarding the designation of a fosterer or a person in parental authority, academic circles insist on applying the Article 45 of Private International Law, a legal provision which states the relationship with one's real children, whereas people in the practical business insist on applying the Article 39 of Private International Law, a governing law for divorce. As for the reason of breakoff of international marriage, there are such reasons of annulment as the withdrawal of marriage intention due to not receiving the certificate of marriage, running away from home after entering a country, and denial of entrance into a country. The number of annulment cases is similar between 1997 and 2006, and actual reasons are all false marriages.
As for the divorce cases of which plaintiff is a Korean, the general reasons are defendant's running away from home after entering Korea, rejection of visa issue, and denial of admission into Korea. As for the divorce cases of which plaintiff is a male foreigner, the main reasons are such problems as related to money, the extension of length of one's visit, and verbal violence. As for the divorce cases of which plaintiff is a female Chinese, the most frequent reasons are the exaction of money and its incidental violence and running away, and it is followed by violence, threat, and nonfulfillment of cohabitation obligation. As for the divorce cases of which plaintiff is a female Korean, there are such main reasons as the rejection of visa issue, conflicts due to language barrier and personality difference, violence, and morbid suspicion about wife's chastity. As for the appeal divorce cases, there are such complex reasons as not returning home after employment on the pretext of commuting troubles after the period of occasional homecoming, avoidance of childbirth on the pretext of husband's economic power, denial of sexual relations with the reason of fatigue, Korean male's interests in foreign wife's income, conflicts with woman's parents-in-law, attempts of sexual relations against spouse's intention, and making an illegal emigrant by ing as running away from home though one leaves home temporarily.
As for the strategy of settling down international marriages, the investigator presents following measures: First, by revising the procedure of international marriage system, both parties must be attended in public agencies and their intention of marriage must be confirmed officially. Second, in order to prevent false marriage, penalty for the concerned party of false marriage must be reinforced and legal and administrative regulation for matrimonial advice offices must be intensified. Third, as for the support for the international marriage family, a pan-governmental organization must be established and a variety of programs must be developed and implemented in order for foreign spouses to learn Korean language for free. And finally, in order to prevent domestic violence and harmful effects of international marriage and create a healthy multi-cultural society, a mass-education campaign for nationals including the would-be males of international marriage must be implemented.
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