MARRIAGE BROKERS BUSINESS MANAGEMENT ACT
Act No. 8688, Dec. 14, 2007
Amended by Act No. 9765, Jun. 9, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10301, May 17, 2010
Act No. 11283, Feb. 1, 2012
Act No. 11461, Jun. 1, 2012
Act No. 11672, Mar. 22, 2013
Act No. 11690, Mar. 23, 2013
The purpose of this Act is to contribute to creating a healthy marriage culture by guiding and fostering the marriage brokerage business on a wholesome basis well as by protecting clients.
The terms used in this Act shall be defined as follows:
| 1. | The term "marriage brokerage" means any act of counseling, arrangement, etc. for marriage; |
| 2. | The term "marriage brokerage business" means any business of arranging marriages for fees, membership dues, or other money or goods; |
| 3. | The term "domestic marriage brokerage business" means any business of arranging marriages between persons of Korean nationality; |
| 4. | The term "international marriage brokerage business" means any business of arranging marriages between persons of Korean nationality and foreign nationals; |
| 5. | The term "marriage broker" means any person who reports or registers the marriage brokerage business under Article 3 (1) or Article 4 (1), respectively. |
| Article 3 (Report of Domestic Marriage Brokerage Business) |
| (1) | A person who intends to engage in the domestic marriage brokerage business shall fulfill the requirements prescribed by Presidential Decree, such as a surety insurance benefit and a brokerage office, and report to the head of the competent Si(including any administrative city established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gunor Gu(referring to an autonomous Gu; hereinafter the same shall apply). The same shall apply where the person intends to change important matters prescribed by Ministerial Decree of Gender Equality and Family among the reported matters. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010> |
| (2) | The head of a Si/Gun/Gu shall issue a report completion certificate to any person who reports the domestic marriage brokerage business under paragraph (1). |
| (3) | Matters to be reported under paragraph (1), procedures for such report, issuance of a report completion certificate under paragraph (2), and other necessary matters shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 4 (Registration of International Marriage Brokerage Business) |
| (1) | A person who intends to engage in the international marriage brokerage business shall, after receiving education under Article 24 and meeting the requirements prescribed by Presidential Decree, such as capital set forth in Article 24-3, a surety insurance benefit and a brokerage office, be registered with the head of a Si/Gun/Gu having jurisdiction over the place in which the person intends to locate the brokerage office. The same shall apply where the person intends to change important matters prescribed by Ministerial Decree of Gender Equality and Family among the registered matters. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010; Act No. 11283, Feb. 1, 2012> |
| (2) | The head of a Si/Gun/Gu shall issue a registration certificate to any person who registers the international marriage brokerage business under paragraph (1). <Amended by Act No. 10301, May 17, 2010> |
| (3) | Matters to be registered under paragraph (1), procedures for such registration, issuance of a registration certificate under paragraph (2), and other necessary matters shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 4-2 (Publication of International Marriage Brokers) |
| (1) | The head of a Si/Gun/Gu shall publish the current status, etc. of international marriage brokers registered with the head of the competent Si/Gun/Gu on its Internet homepage on a regular basis. |
| (2) | Matters to be published under paragraph (1), methods and timing therefor, and other necessary matters shall be prescribed by Ministerial Decree of Gender Equality and Family. |
[This Article Added by Act No. 11283, Feb. 1, 2012]
| Article 4-3 (Guidance and Inspection) |
| (1) | The head of a Si/Gun/Gu shall guide and inspect matters to be registered and matters relating to the affairs for the international marriage brokerage business registered with the relevant Si/Gun/Gu under Article 4. |
| (2) | Procedures and methods relating to guidance and inspection under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. |
[This Article Added by Act No. 11283, Feb. 1, 2012]
| Article 5 (Report of Suspension or Cessation of Business or Resumption thereof) |
If any marriage broker intends to suspend or cease business or to resume business after such suspension, he/she shall report to the head of the relevant Si/Gun/Gu in accordance with Ministerial Decree of Gender Equality and Family. If the cessation of business is reported, the report under Article 3 (1) or the registration under Article 4 (1) shall become ineffective: Provided,That such report or registration remains effective if the marriage broker falls under the provision of suspension of business, etc. under Article 18. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010; Act No. 11283, Feb. 1, 2012>
| Article 6 (Disqualifications) |
Any of the following persons may neither conduct nor engage in the marriage brokerage business: <Amended by Act No. 9765, Jun. 9, 2009>
| 1. | A minor, an incompetent person, a quasi-incompetent person, or a person adjudicated bankrupt and not yet reinstated; |
| 2. | A person in whose case two years have not elapsed since his/her imprisonment without labor or heavier punishment declared by a court was completely executed (or deemed completely executed) or exempted; |
| 3. | A person who is under the suspension of the execution of imprisonment without labor or heavier punishment as declared by a court; |
| 4. | A person sentenced to a fine or heavier punishment (including any disposition on notice of penalty), in violation of this Act, Articles 228 and 287 through 294 of the Criminal Act, Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Act on the Punishment of Acts of Arranging Sexual Traffic, the Act on the Regulation of Amusement Businesses Affecting Public Morals, the Act on the Protection of Children and Juveniles from Sexual Abuse, or Articles 7-2 and 18 (4) of the Immigration Control Act, in whose case three years have not elapsed since such punishment was completely executed or exempted, notwithstanding the provisions of subparagraphs 2 and 3 of this Article; |
| 5. | A person in whose case three years have not elapsed since his/her registration was revoked under Article 18; |
| 6. | A corporation whose executive falls within any of subparagraphs 1 through 5. |
| Article 7 (Prohibition against Engaging in other Business) |
| Article 8 (Notice of Report Completion Certificate, etc.) |
| (1) | Each marriage broker shall post a list including fees, membership dues, etc. for marriage brokerage, a report completion certificate or a registration certificate, and other matters prescribed by Ministerial Decree of Gender Equality and Family in an easily accessible place at his/her brokerage office. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | If a marriage broker has the Internet homepage, he/she shall post a list including fees, membership dues, etc. for marriage brokerage, the report or registration number, and other matters prescribed by Ministerial Decree of Gender Equality and Family on his/her Internet homepage so that they can be easily identified by clients. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 9 (Prohibition against Lending of Name) |
No marriage broker shall permit other persons to be engaged in the marriage brokerage business in his/her name or trade name or to lend a report completion certificate or a registration certificate.
| Article 10 (Preparation, etc. of Marriage Brokerage Contract) |
| (1) | If a marriage broker intends to receive any fee, membership due or other money or goods from a client for the purpose of marriage brokerage, such marriage broker shall enter into a contract in the following form. In such cases, such marriage broker shall give a full explanation so that the client may understand the details of the contract: <Amended by Act No. 10301, May 17, 2010; Act No. 11461, Jun. 1, 2012> |
| 2. | Any international marriage broker: in writing. |
| (2) | If a contract is entered into under paragraph (1), the contract in which the following matters are stated (including a document in which the terms and conditions are stated, where the terms and conditions are established and used and the details thereof are not stated in the contract) shall be provided to the client: |
| 1. | Matters relating to the fee, membership due, etc.; |
| 2. | Matters relating to the return of the fee, membership due, etc., where such contract is rescinded or terminated; |
| 3. | Matters relating to the marriage broker's liability for damages; |
| 4. | Matters relating to the details of services provided by the marriage broker, the method, period and time of such provision, etc.; |
| 5. | Other matters with which the marriage broker must comply. |
| (3) | Each marriage broker shall retain a contract prepared under paragraph (1), for the period prescribed by Ministerial Decree of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | When a marriage broker prepares a contract under paragraph (1), he/she shall neither state any matter referred to in paragraph (2) in a false manner nor prepare two or more different contracts. |
| Article 10-2 (Provision of Personal Information) |
| (1) | Each international marriage broker shall obtain the following personal information from a client who has entered into a contract under Article 10 (1) and from the other party to marriage brokerage (hereinafter referred to as "the other party"), and provide the other party and the client with the said information (including evidential documents) in writing after obtaining authentication from a notary public of each concerned country: Provided, That the client or the other party who has obtained authentication from a notary public in a foreign country shall obtain certification from the consular mission in the foreign country in accordance with Article 30 (1) of the Act on Notarial Acts Done at Overseas Diplomatic and Consular Missions or obtain certification in accordance with the Convention Abolishing the Requirement of Legalization for Foreign Public Document: |
| 2. | Health conditions (including whether to have acquired immune deficiency syndrome, a sexually transmitted disease, or a mental disorder); |
| 4. | Relevant criminal records, including sexual violence, domestic violence, child abuse, and brokerage and forcible compulsion of sex trafficking, and criminal records corresponding to imprisonment without labor or heavier punishment for the latest ten years; |
| 5. | Other matters prescribed by Acts and subordinate statutes of the country of the other party's citizenship. |
| (2) | Documents concerning health conditions referred to in paragraph (1) 2 means health certificates issued by a medical institution of a hospital level or higher designated as an examination institution in accordance with Article 14 of the Framework Act on Health Examination (in cases of a medical institution without the department of mental health, the examination of any mental disorder shall be conducted in cooperation with a mental health doctor). |
| (3) | Any personal information referred to in paragraph (1) shall be provided to a client or the other party in a language that can be understood by them. |
| (4) | Matters necessary for the timing and procedures for providing personal information under paragraph (1), methods of proving such information, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11283, Feb. 1, 2012]
| Article 10-3 (Provision of Interpretation and Translation Services) |
| (1) | Each international marriage broker shall provide interpretation and translation services to help a client and the other party communicate smoothly. |
| (2) | Matters necessary for the provision, etc. of interpretation and translation services under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. |
[This Article Added by Act No. 10301, May 17, 2010]
| Article 10-4 (Record-Keeping) |
| (1) | Each marriage broker shall prepare and retain records on the following matters, as prescribed by Ministerial Decree of Gender Equality and Family: |
| 1. | Marriage brokerage contracts prepared in accordance with Article 10 (1); |
| 2. | The certification (including a translated version thereof in the other party's language) of personal information for international marriage prepared in accordance with Article 10-2 and related evidential documents; |
| 3. | Other marriage-related documents. |
| (2) | When a client or the other party requests the confirmation of details, such as the perusal and issuance of records, etc. referred to in paragraph (1), each marriage broker shall comply with such request. |
[This Article Added by Act No. 11283, Feb. 1, 2012]
| Article 10-5 (Prohibition of Recruitment, Brokerage, etc. in Wrongful Manner) |
No international marriage broker shall engage in any of the following acts:
| 1. | Recruiting or brokering candidates for international marriage by fraud or wrongful means; |
| 2. | Collecting illegitimate fees, membership dues, money and other valuables. |
[This Article Added by Act No. 11283, Feb. 1, 2012]
| Article 11 (Compliance with Applicable Foreign Acts and Subordinate Statutes) |
| (1) | Each international marriage broker shall comply with applicable foreign Acts and subordinate statutes in arranging international marriages. |
| (2) | If an international marriage broker violates any applicable foreign criminal or administrative Act and subordinate statutes the Minister of Foreign Affairs shall notify the Minister of Gender Equality and Family, who shall in turn notify the relevant Mayor/Do Governor, of details related to such violation. In such cases, matters necessary for procedures for such notification shall be prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010, Act No. 11690, Mar. 23, 2013> |
| Article 12 (Prohibition, etc. of False or Exaggerated Statement and Advertisement) |
| (1) | No marriage broker shall make a statement nor place an advertisement in a false or exaggerated manner, or in a manner likely to instigate discrimination or prejudice on the grounds of national origin, race, sex, age, occupation, etc. or to cause human trafficking or infringe on human rights. <Amended by Act No. 11283, Feb. 1, 2012> |
| (2) | No marriage broker shall provide false information to clients in arranging marriages. |
| (3) | If a marriage broker makes a statement or places an advertisement, a domestic marriage broker and an international marriage broker shall include the report number of the domestic marriage brokerage business and of the registration number of the international marriage brokerage business, respectively. <Added by Act No. 10301, May 17, 2010> |
| (4) | No person other than a marriage broker shall place an advertisement on marriage brokerage. <Added by Act No. 11283, Feb. 1, 2012> |
| (5) | Matters necessary for the false or exaggerated statements and the scope of advertisements, etc. under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010; Act No. 11283, Feb. 1, 2012> |
| Article 12-2 (Prohibition, etc. of Introduction of Minors) |
No international marriage broker in arranging marriage shall engage in any of the following acts:
| 1. | Introducing a person under 18 years of age; |
| 2. | Introducing two other parties or more to a client at the same time; |
| 3. | Introducing two or more other parties to two or more clients simultaneously or sequentially in the same place on the same date; |
| 4. | Having two or more foreigners lodge in the same place for the purpose of marriage brokerage. |
[This Article Added by Act No. 11283, Feb. 1, 2012]
| Article 13 (Protection of Personal Information) |
A person who is or was engaged in the marriage brokerage business shall neither provide or disclose to other persons the personal information which comes to his/her knowledge in the usual course of his/her business, nor use that information for any purpose other than marriage brokerage, against the will of the client.
| Article 14 (Keeping of Books, etc.) |
Each marriage broker shall furnish books, registers and other necessary materials in accordance with Ministerial Decree of Gender Equality and Family. In such cases, books, registers and other necessary materials prescribed by Ministerial Decree of Gender Equality and Family may be prepared and retained in electronic format under subparagraph 1 of Article 2 of the Act on Electronic Documents and Transactions.<Amended by Act No. 9932, Jan. 18, 2010; Act No. 11283, Feb. 1, 2012; Act No. 11461, Jun. 1, 2012>
| Article 14-2 (Business Alliance of International Marriage Broker) |
| (1) | If an international marriage broker conducting business intends to enter into a business alliance with a business entity, etc. which is engaging in activities in a foreign country in connection with the recruitment, etc. of clients, the international marriage broker shall enter into a written agreement with such business entity, etc. |
| (2) | If an international marriage broker enters into a business alliance agreement under paragraph (1), he/she shall include in the business alliance agreement the following matters, with which a business entity, etc. entering into a business alliance must comply: |
| 1. | Preparation, etc. of a marriage brokerage contract under Article 10; |
| 2. | Compliance with applicable foreign Acts and subordinate statutes under Article 11 (1); |
| 3. | Prohibition of false or exaggerated statements and advertisements under Article 12 (1); |
| 4. | Protection of personal information under Article 13. |
| (3) | No international marriage broker may enter into a business alliance referred to in paragraph (1) of this Article with any person described in Article 6 or 7. |
[This Article Added by Act No. 10301, May 17, 2010]
| Article 15 (Report, Inspection, etc.) |
| (1) | The head of a Si/Gun/Gu may require marriage brokers to submit and report materials necessary for the enforcement of this Act and may require any public official under his/her jurisdiction to visit their brokerage offices for investigating their operating status or to inspect their books, registers and other documents. <Amended by Act No. 10301, May 17, 2010> |
| (2) | Each international marriage broker shall report his/her annual outcomes of marriage brokerage, etc. to the head of the relevant Si/Gun/Gu on a regular basis, as prescribed by Ministerial Decree of Gender Equality and Family. <Added by Act No. 11283, Feb. 1, 2012> |
| (3) | If a public official under the jurisdiction of the head of the relevant Si/Gun/Gu performs his/her duties under paragraph (1), he/she shall carry an identification indicating his/her authority and produce to interested persons.<Amended by Act No. 11283, Feb. 1, 2012> |
| Article 16 (Cooperation by Relevant Institutions) |
| (1) | For the management of the marriage brokerage business, the Minister of Gender Equality and Family may request the head of any relevant central administrative agency, local government or public institution to provide necessary cooperation. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Any person who is requested to provide cooperation under paragraph (1) shall comply with such request unless an extenuating circumstance exists. |
| Article 17 (Corrective Orders) |
If a marriage broker falls under any of the following subparagraphs, the head of the relevant Si/Gun/Gu may order him/her to make corrections or changes for a specified period of not more than three months: <Amended by Act No. 10301, May 17, 2010; Act No. 11283, Feb. 1, 2012>
| 1. | If he/she fails to report any changes, in violation of Article 3 (1); |
| 2. | If he/she fails to register any changes, in violation of Article 4 (1); |
| 3. | If he/she fails to report suspension or cessation of the marriage brokerage business or resumption thereof after such suspension, in violation of Article 5; |
| 4. | If he/she fails to post his/her report completion certificate or registration certificate, etc. or his/her report or registration number, etc., in violation of Article 8; |
| 5. | If he/she fails to include his/her report or registration number in a statement made or advertisement placed by him/her, in violation of Article 12 (3); |
| 6. | If he/she fails to furnish materials, such as books, in violation of Article 14; |
| 7. | If he/she violates this Act or any order issued thereunder. |
| Article 18 (Suspension of Business, etc.) |
| (1) | If a marriage broker falls under any of the following subparagraphs, the head of the relevant Si/Gun/Gu may revoke his/her registration or order suspension of business for a specified period of not more than one year: Provided, That if the international marriage broker falls under subparagraph 1, 2, 23 or 24, the head of the relevant Si/Gun/Gu shall revoke his/her registration: |
| 1. | If he/she reports or registers the marriage brokerage business by fraud or other wrongful means; |
| 2. | If he/she becomes disqualified under Article 6: Provided, That this shall not apply to any corporation that replaces the disqualified executive within one month; |
| 3. | If he/she is engaged in the job placement service, temporary-work agency business or emigration agency business concurrently with the marriage brokerage business, in violation of Article 7; |
| 4. | If he/she allows any third party to be engaged in the marriage brokerage business in his/her name or trade name or to lend his/her report completion certificate or registration certificate, in violation of Article 9; |
| 5. | If he/she fails to enter into a contract in writing or in electronic format, in violation of Article 10 (1); |
| 6. | If he/she omits any details to be stated in a contract or fails to provide a contract, in violation of Article 10 (2); |
| 7. | If he/she fails to retain a contract, in violation of Article 10 (3); |
| 8. | If he/she states false information in a contract or prepares two or more different contracts, in violation of Article 10 (4); |
| 9. | If he/she fails to provide personal information (including evidential documents) to a client and the other party, in violation of Article 10-2 (1); |
| 10. | If he/she conducts marriage brokerage services providing false personal information in spite of his/her knowledge of such fact, in violation of Article 10-2 (1); |
| 11. | If he/she provides exaggerated personal information or omits any significant matters, in violation of Article 10-2 (1); |
| 12. | If an international marriage broker fails to provide interpretation and translation services, in violation of Article 10-3 (1); |
| 13. | If he/she fails to retain records, in violation of Article 10-4 (1); |
| 14. | If he/she engages in recruiting or brokering candidates for international marriage in a wrongful manner or collecting illegitimate money and other valuables, in violation of Article 10-5; |
| 15. | If the Minister of Gender Equality and Family is notified of his/her violation of applicable foreign criminal or administrative Acts and subordinate statutes under Article 11 (2); |
| 16. | If he/she makes a statement or places an advertisement in a false or exaggerated manner, or in a manner likely to instigate discrimination or prejudice on the grounds of national origin, race, sex, age, occupation, etc. or to cause human trafficking or infringe on human rights, in violation of Article 12 (1); |
| 17. | If he/she provides false information to a client, in violation of Article 12 (2); |
| 18. | If he/she engages in marriage brokerage, in violation of Article 12-2; |
| 19. | If he/she provides or discloses personal information to any third party or uses that information for any purpose other than marriage brokerage, in violation of Article 13; |
| 20. | If he/she fails to submit materials or make a report under Article 15 (1), or makes a false report; |
| 21. | If he/she evades or interferes with an investigation or inspection conducted by any competent public official under Article 15 (1); |
| 22. | If he/she fails to comply with a corrective order issued under Article 17; |
| 23. | If he/she fails to meet the requirement set forth in Article 24-3; |
| 24. | If he/she fails to purchase surety insurance, in violation of Article 25. |
| (2) | Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. |
[This Article Wholly Amended by Act No. 11283, Feb. 1, 2012]
| Article 19 (Closure Measures, etc.) |
| (1) | If any person is engaged in the marriage brokerage business without making a report under Article 3 (1), or without being registered under Article 4 (1), or continues operations despite the revocation of registration or an order to suspend operations under Article 18 (1), the head of the relevant Si/Gun/Gu may have any competent public official take the following measures to shut down the place of business in question: <Amended by Act No. 10301, May 17, 2010> |
| 1. | Removal or destruction of signboards or other business signs of the place of business in question; |
| 2. | Attachment of notices, etc. that the place of business in question is illegal; |
| 3. | Blockage so that the facilities or equipment, etc. necessary for business operations cannot be used. |
| (2) | After blocking such facilities, equipment, etc. under paragraph (1) 3, if it is deemed not necessary to continue to do so, or if the marriage broker involved or his/her agent requests the removal of such blockage for justifiable grounds, such removal may be permitted. The same shall apply to the removal of attached notices, etc. under paragraph (1) 2. |
| (3) | In taking measures under paragraph (1), a notice shall be given in writing in advance to the marriage broker involved or his/her agent: Provided,That the same shall not apply if there is a need for emergency closure for the public safety or welfare or other urgent reasons. |
| (4) | Measures under paragraph (1) shall be limited at the minimum necessary to prohibit operations. |
| (5) | Any competent public official referred to in paragraph (1) shall carry an identification indicating his/her authority and produce it to interested persons. |
If the head of a Si/Gun/Gu intends to take any administrative disposition under Article 18 (1), he/she shall hold a hearing. <Amended by Act No. 10301, May 17, 2010>
| Article 21 (Inheritance, etc. of Effects of Administrative ) |
| (1) | Any marriage broker falling under any of the following subparagraphs shall succeed to the effects of administrative disposition taken against the former marriage broker under Article 18 (1): |
| 1. | Any person who takes over the marriage brokerage business; |
| 2. | Where corporations engaged in the marriage brokerage business merge, the surviving or resulting corporation after the merger; |
| 3. | Any person who reports or registers again the marriage brokerage business within one year after reporting the cessation thereof under Article 5. |
| (2) | With respect to persons falling under any subparagraph of paragraph (1) of this Article, the procedures for administrative disposition pending under Article 18 (1) may be continued. |
| (3) | Notwithstanding the provisions of paragraphs (1) and (2), a person who falls under any subparagraph of paragraph (1) certifies that he/she is not aware of a disposition order issued to, or a violation committed by, the former marriage broker, shall not be subject to such provisions. |
Any person who intends to make a report under Article 3 (1) or to register under Article 4 (1) shall pay a fee to the head of the relevant Si/Gun/Gu in accordance with Ministerial Decree of Gender Equality and Family. The same shall apply to the case of any change in reported or registered matters. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010>
| Article 23 Deleted.<by Act No. 10301, May 17, 2010> |
| (1) | In order to enhance the expertise, ethics, and quality of international marriage brokers and their employees, the Minister of Gender Equality and Family or the head of a Si/Gun/Gu may educate them or entrust such education to any corporation or organization. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010; Act No. 11283, Feb. 1, 2012> |
| (2) | Any person who intends to register the international marriage brokerage business under Article 4 (1) shall be educated in advance under paragraph (1) of this Article. |
| (3) | In the case of any person who intends to engage in the international marriage brokerage business in two or more places, or cannot be educated for any reason prescribed by Ministerial Decree of Gender Equality and Family, from among those who shall be educated under paragraph (2) of this Article, responsible persons shall be designated from among his/her employees to receive education. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | Matters necessary for education, such as the content and methods thereof under paragraphs (1) through (3), shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 24-2 (Education for Prevention of Damage to Clients for International Marriage Brokerage Business) |
| (1) | In order to prevent damage to clients for the international marriage brokerage business, the Minister of Gender Equality and Family or the head of a Si/Gun/Gu may provide education or entrust such education to any corporation or organization. |
| (2) | Matters necessary for education under paragraph (1), such as the content and methods thereof and the procedures for applying therefor, shall be prescribed by Ministerial Decree of Gender Equality and Family. |
[This Article Added by Act No. 11283, Feb. 1, 2012]
Any person who intends to register the international marriage brokerage business under Article 4 shall hold at least 100 million won in capital (referring to the assessed value of assets in the case that the person is not a corporation). [This Article Added by Act No. 11283, Feb. 1, 2012]
| Article 25 (Guarantee of Compensation Liability for Damages) |
| (1) | If a marriage broker causes damage on purpose or by negligence to clients in arranging marriages, he/she shall be liable therefor. |
| (2) | In order to guarantee compensation liability for damages under paragraph (1), each marriage broker shall purchase surety insurance as prescribed by Presidential Decree. <Amended by Act No. 10301, May 17, 2010> |
| (3) | Matters necessary for procedures, etc. for claiming a surety insurance benefit under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 10301, May 17, 2010> |
| Article 26 (Penal Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won: <Amended by Act No. 11283, Feb. 1, 2012> |
| 1. | Any person who is registered under Article 4 (1) by fraud or other wrongful means; |
| 2. | Any person who is engaged in the international marriage brokerage business without being registered under Article 4 (1); |
| 3. | Any person who continues operations despite closure measures taken under Article 19 (1). |
| (2) | Any of the following persons shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 20 million won: <Amended by Act No. 11283, Feb. 1, 2012> |
| 1. | Any person who makes a report under Article 3 (1) by fault or wrongful means; |
| 2. | Any person who is engaged in the domestic marriage brokerage business without making a report under Article 3 (1); |
| 3. | Any person who allows any third party to be engaged in the marriage brokerage business in his/her name or trade name or to lend his/her report completion certificate or registration certificate, in violation of Article 9; |
| 4. | Any person who fails to provide personal information, omits significant matters, or provides false personal information on purpose, in violation of Article 10-2 (1); |
| 5. | Any person who engages in the international marriage brokerage business, in violation of prohibited acts set forth in Article 10-5; |
| 6. | Any person who makes a statement or places an advertisement, in a false or exaggerated manner, or in a manner likely to instigate discrimination or prejudice on the grounds of national origin, race, sex, age, occupation, etc. or to cause human trafficking or infringe on human rights, in violation of Article 12 (1); |
| 7. | Any person who provides false information to a client, in violation of Article 12 (2); |
| 8. | Any person who places an advertisement on marriage brokerage without reporting or registering the marriage brokerage business, in violation of Article 12 (4); |
| 9. | Any person who conducts marriage brokerage, in violation of Article 12-2; |
| 10. | Any person who provides or discloses personal information to other persons or uses that information for any purpose other than marriage brokerage, in violation of Article 13. |
| Article 27 (Joint Penal Provisions) |
If any representative of a corporation, or any agent, employee or servant of a corporation or individual commits any violations under Article 26 in relation to the affairs of such corporation or individual, not only such actor shall be punished, but also such corporation or individual shall be punished by a fine under the relevant Article: Provided,That the same shall not apply where the corporation or individual has not neglected in giving due care or supervision to the relevant affairs in order to prevent such violations. [This Article Wholly Amended by Act No. 10301, May 17, 2010]
| Article 28 (Fines for Negligence) |
| (1) | A fine for negligence not exceeding three million won shall be imposed on any of the following persons: <Amended by Act No. 11283, Feb. 1, 2012> |
| 1. | Any person who fails to report any changes, in violation of Article 3 (1); |
| 2. | Any person who fails to register any changes, in violation of Article 4 (1); |
| 3. | Any person who is engaged in the job placement service, temporary-work agency business or emigration agency business concurrently with the marriage brokerage business, in violation of Article 7; |
3-2. Any person who provides a client and the other party with personal information (including evidential documents) which has not obtained authentication from a notary public, in violation of Article 10-2 (1); | 4. | Any person who refuses to submit or report materials required under Article 15 (1) without justifiable grounds or who makes a false report thereon; |
| 5. | Any person who refuses, interferes with or evades an inspection conducted under Article 15 (1) without justifiable grounds. |
| (2) | A fine for negligence not exceeding one million won shall be imposed on any of the following persons: |
| 1. | Any person who suspends or ceases business or resumes business after such suspension without making a report, in violation of Article 5; |
| 2. | Any person who fails to post a report completion certificate, a registration certificate, etc. or the report or registration number, etc., in violation of Article 8; |
| 3. | Any person who fails to furnish materials, such as books, in violation of Article 14. |
| (3) | Fines for negligence referred to in paragraph (1) or (2) shall be imposed and collected by the head of the relevant Si/Gun/Gu (hereinafter referred to as "imposing authority") as prescribed by Presidential Decree. <Amended by Act No. 10301, May 17, 2010> |
| (4) | through (6) Deleted. <by Act No. 11283, Feb. 1, 2012> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures for Report or Registration of Marriage Brokerage Business) Any person who is engaged in the marriage brokerage business as at the time this Act enters into force shall make a report under Article 3 (1) or be registered under Article 4 (1) within three months after the date this Act enters into force. |
| (3) | (Transitional Measures for Education) Any person who is engaged in the international marriage brokerage business as at the time this Act enters into force shall be educated under Article 24 within six months after the date this Act enters into force. |
ADDENDA<Act No. 9765, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 10301, May 17, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Report of Domestic Marriage Brokerage Business) The amended provisions of Article 3 (1) shall apply to those domestic marriage brokers who make first reports on or after the date this Act enters into force. |
ADDENDA<Act No. 11283, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures for Registration of International Marriage Brokers)
Any international marriage broker registered under the former provisions as at the time this Act enters into force shall be deemed registered under this Act: Provided, That such marriage broker shall meet the requirements relating to capital set forth in the amended provisions of Article 24-3 within one year from the date this Act enters into force.
ADDENDA<Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.