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A Study on the Legal Systems for Protecting Marriage Immigrator - Focused on the Interpretative Problems -

  • DONG-A LAW REVIEW
  • 2013, (58), pp.603-635
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

임영수 1

1충북대학교

Accredited

ABSTRACT

International marriage refers to the union of the individuals whose nationalities are different and which leads to the formation of the legal relationship of interest at multiple nations when it comes to the nationalities of the parties of a marriage, place where marriage took place or address. This type of human union is the result of the rational agreement with sense of voluntariness pertaining to the concerned parties to a marriage. Thus, a third party should not discriminate or exert any negative influence on this type of relationship. Accordingly, migrants who moved after getting married are subjected to systemic support and regulation of the tangible and intangible formats via diverse routes until they gain the approval for naturalization. Policies related to support include 「Family law」, 「Act on the Treatment of Foreigners in Korea」, 「Support for Multicultural Families Act」 and others, while policies related to regulation include 「Immigration Control Law」 among others. However, there are still paradoxes and areas for improvement that are found during the process of executing these laws. Accordingly, this paper mulled over the sincerity of the willingness to get married of the concerned parties to a marriage after organizing the concept of foreigners who migrated to Korea after getting married to Korea through marriage middleman contract and after examining the process ranging from the encounter with the Vietnamese women to the actual marriage. In addition, this paper detected problems and areas for improvement found in the related laws through the process in which foreigners settle down in Korea after getting married to Korean.

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.