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A Study on the Protection of Human Rights of Female Marriage Immigrant

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(2), pp.81-112
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

김혜림 1,  Jae-Nam Kim 2

1조선대학교 법학연구원
2광주여자대학교

Candidate

ABSTRACT

In January 31, 2017, there were 2,013,779 foreigners residents in Korea which demonstrates 7.1% increase compared to previous year. Compared to the number of foreigners staying in Korea in 2007 which was 1,070,000, the number of people increased about twice in ten years, and it is increasing every year. Despite that foreigner of various nationalities have been introduced into the country and the government has implemented various policies related to multiculturalism, but the consciousness of the people can not accept multiculturalism. There is a more vulnerable group among the immigrants living in Korea under the consciousness which is ‘Korea’s female marriage immigrant’. They suffer from many human rights violations including pre-marriage stage to after marriage and the acquisition of nationality. Most international marriages are made through marriage brokers and international marriages of human trafficking which commercialized local women for generating high profits. In addition, due to the patriarchal consciousness of Korean men and the excessive payment of international marriage costs, there is a case where the recognition of ownership of immigrant women is added to the deal of inhuman treatment. Additionally, conflicts arise in different languages and cultural variations, and unconditional Korean lifestyle is forced to follow. Furthermore, even when acquiring the nationality, unreasonable restrictions are set as a requirement, and even if a migrant woman who has married in Korea for many years, she still has to stay in the position of a stranger without the consent of her spouse. Therefore, to establish a healthy international marriage and to make sure the stability and continuity of the family live, it is necessary to manage the marriage brokering process at the national level and to be the subject of independent and equal rights from the Korean spouse and their families. It should ensure the stable legal status of married immigrants. In addition, institutional improvement is required so that marriage immigrant who needs help are not alienated because they are not subject to legal aid. Above all, to encourage cultures diversity in society members, to respect for diverse cultures and to accept cultural differences, Korean society needs to be recognized through policies such as publicity and campaigns.

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