ENFORCEMENT DECREE OF THE MARRIAGE BROKERS BUSINESS MANAGEMENT ACT
Presidential Decree No. 20815, jun. 11, 2008
Amended by Presidential Decree No. 22076, Mar. 15, 2010
Presidential Decree No. 22494, Nov. 16, 2010
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23970, Jul. 23, 2012
Presidential Decree No. 24446, Mar. 23, 2013
Presidential Decree No. 24755, Sep. 17, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 26471, Aug. 3, 2015
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27960, Mar. 27, 2017
| Article 1-2 (Requirements for Report of Domestic Marriage Brokerage Business) |
“The requirements prescribed by Presidential Decree, such as surety insurance benefit and a brokerage office” in the former part of Article 3 (1) of the Marriage Brokers Business Management Act (hereinafter referred to as the "Act") means any of the followings: <Amended by Presidential Decree No. 27751, Dec. 30, 2016> | 2. | To secure a brokerage office in a building, which is entered in the building ledger as Class I neighborhood living facilities pursuant to subparagraph 3 of Attached Table 1 of the Enforcement Decree of the Building Act, Class II neighborhood living facilities pursuant to subparagraph 4 of the same Table, neighborhood living facilities inside sales facilities pursuant to subparagraph 7 of the same Table, or general business facilities pursuant to subparagraph 14 (b) of the same Table. In such cases, the right to use shall be secured by possession, Jeonse or lease, or loan for use, etc. |
[This Article Newly Inserted by Presidential Decree No. 22494, Nov. 16, 2010]
| Article 2 (Requirements for Registration of International Marriage Brokerage Business) |
“The requirements prescribed by Presidential Decree, such as surety insurance benefit and a brokerage office” in the former part of Article 4 (1) of the Act means any of the followings: <Amended by Presidential Decree No. 23970, Jul. 23, 2012; Presidential Decree No. 27751, Dec. 30, 2016> | 3. | To secure a brokerage office in a building, which is entered in the building ledger as Class I neighborhood living facilities pursuant to subparagraph 3 of Attached Table 1 of the Enforcement Decree of the Building Act, Class II neighborhood living facilities pursuant to subparagraph 4 of the same Table, neighborhood living facilities inside sales facilities pursuant to subparagraph 7 of the same Table, or general business facilities pursuant to subparagraph 14 (b) of the same Table. In such cases, the right to use shall be secured by possession, Jeonse or lease, or loan for use, etc. |
[This Article Wholly Amended by Presidential Decree No. 22494, Nov. 16, 2010]
| Article 3 (Provision of Translated Version of Marriage Brokerage Contract) |
| (1) | A marriage broker shall provide a translated version of marriage brokerage contract in a language understandable by the user, who enters into a written contract pursuant to Article 10 (1) of the Act. |
| (2) | Deleted. <by Presidential Decree No. 22494, Nov. 16, 2010> |
| Article 3-2 (Provision of Personal Information) |
| (1) | Personal information, which an international marriage broker obtains pursuant to Article 10-2 from a user who has entered into a contract under Article 10 (1) (hereinafter referred to as the “user”) and the other party to marriage brokerage (hereinafter referred to as the “other party”), means the following documents: Provided, That the documents under subparagraphs 1, 2, and 4 shall be substituted by similar supporting evidences commonly used in the country of the other party's citizenship: <Amended by Presidential Decree No. 23970, Jul. 23, 2012> |
| 3. | Occupation: Certificate of employment, copy of business registration certificate, certificate of farming, or other documents that can verify occupation or income; |
| 4. | Relevant criminal records: response to inquiry into criminal records (limited to criminal records related to sexual violence, domestic violence, child abuse, and brokerage and forcible compulsion of sex trafficking, and criminal records corresponding to imprisonment without labor or greater punishment for the latest ten years from the date of inquiry into criminal records); |
| 5. | Documents related to other matters prescribed by statutes of the country of the other party's citizenship. |
| (2) | An international marriage broker shall prepare a certification of personal information for international marriage based on the information authenticated by a notary public pursuant to Article 10-2 (1) and shall receive written agreement on the confirmation of the fact in the certification and on the provision of personal information from the user and the other party. <Amended by Presidential Decree No. 23970, Jul. 23, 2012> |
| (3) | An international marriage broker shall translate and provide a certification of personal information for international marriage pursuant to paragraph (2) and documents falling under each subparagraph of paragraph (1) in languages understandable by the user and the other party, respectively, and shall arrange a meeting where both the user and the other party agree to the meeting in writing. In such cases, before providing documents falling under each subparagraph of paragraph (1), information on resident registration numbers contained therein shall be deleted. <Amended by Presidential Decree No. 23970, Jul. 23, 2012; Presidential Decree No. 27751, Dec. 30, 2016> |
| (4) | Where a user refuses to agree in writing to the submission of documents under each subparagraph of paragraph (1) or the provision of personal information pursuant to paragraph (2), or where it is confirmed that false information was submitted, an international marriage broker shall refuse to broker such marriage. |
[This Article Newly Inserted by Presidential Decree No. 22494, Nov. 16, 2010]
| Article 4 (Scope of Violation of Foreign Criminal Statutes or Foreign Administrative Statutes) |
| (1) | The cases where an international marriage broker violates any foreign criminal statutes or the foreign administrative statutes under the former part of Article 11 (2) of the Act, shall be the cases where a sentence has been finalized for the reason that an international marriage broker violated the foreign criminal statutes when conducting international marriage brokerage in a foreign country (including the cases where it is finalized that the sentence shall not be executed) or an administrative disposition has been finalized for the reason that an international marriage broker violated the foreign administrative statutes when conducting international marriage brokerage in a foreign country. <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| (2) | The Minister of Foreign Affairs shall notify, without delay, the personal information, such as the name and resident registration number, and business information, such as company name or registration number, of the international marriage broker who violates this Act, foreign criminal statutes or foreign administrative statutes of a foreign country, to the Minister of Gender Equality and Family pursuant to Article 11 (2) of the Act. The same shall apply to the cases of an international marriage broker for whom the final and conclusive judgement or administrative disposition was cancelled. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22494, Nov. 16, 2010; Presidential Decree No. 24446, Mar. 23, 2013; Presidential Decree No. 24755, Sep. 17, 2013> |
| (3) | The Minister of Gender Equality and Family shall notify, without delay, the notification from the Minister of Foreign Affairs under paragraph (2) to the head of a Si (including the head of an administrative city 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), Gun, and Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), after going through the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or the Special Self-Governing Province Governor. <Amended by Presidential Decree No. 22494, Nov. 16, 2010; Presidential Decree No. 24446, Mar. 23, 2013> |
| Article 5 (Return of Certificate of Completion of Report, etc.) |
| (1) | A person whose business registration is revoked or who receives an order to shut down his/her place of business or suspend business under Article 18 of the Act, shall return the certificate of registration or the certificate of completion of report to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22494, Nov. 16, 2010; Presidential Decree No. 26471, Aug. 3, 2015> |
| (2) | Where the period of business suspension of a person subject to a disposition for business suspension expires, the head of a Si/Gun/Gu shall, without delay, give the returned certificate of completion of report or certificate of registration to the relevant marriage broker. <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| Article 6 (Purchase of Surety Insurance) |
| (1) | A marriage broker who intends to report or register marriage brokerage business pursuant to Article 3 or 4 of the Act shall purchase surety insurance which covers the following amount pursuant to Article 25 (2) of the Act: <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| 1. | Domestic marriage brokers: not less than 20 million won: Provided, That where they have branch offices, 10 million won shall be added for each branch office; |
| 2. | International marriage brokers: not less than 50 million won: Provided, That where they have branch offices, 20 million won shall be added for each branch office. |
| (2) | When the term of guarantee of surety insurance pursuant to paragraph (1) expires, a marriage broker shall purchase another surety insurance which guarantees the amount pursuant to paragraph (1) before the expiration date of the term of guarantee, and shall submit evidential documents to the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| (3) | When a marriage broker purchases surety insurance pursuant to paragraphs (1) and (2), the head of the relevant Si/Gun/Gu shall be the insured. <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| Article 7 (Payment of Surety Insurance Benefit) |
| (1) | A user who suffered loss in connection with marriage brokerage may request a payment of surety insurance benefit pursuant to Article 25 (3) of the Act, when a marriage broker fails to compensate for such loss. <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| (2) | When a user requests the payment of surety insurance benefit pursuant to paragraph (1), he/she shall submit an agreement for compensation for loss (it shall be a notarial document), a compromise protocol between the user and the marriage broker, a certified authentic copy of the written final judgement of the court, or other documents with effect equivalent thereto, to the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| (3) | Where a marriage broker compensated loss in connection with the relevant marriage brokerage with surety insurance benefit, he/she shall purchase another surety insurance within 15 days in order to guarantee the amount pursuant to Article 6 (1) and submit evidential documents to the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 22494, Nov. 16, 2010> |
| Article 7-2 (Management of Personally Identifiable Information) |
The head of a Si/Gun/Gu (where the authority was delegated or entrusted, including persons to whom the authority was delegated or entrusted) or a marriage broker may handle data containing resident registration numbers or alien registration numbers pursuant to Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for the performance of the following affairs: <Amended by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 27960, Mar. 27, 2017> | 1. | Affairs regarding the report and report of changes, reissuance of a certificate of completion of report, and preparation and management of a management register of domestic marriage brokerage business pursuant to Article 3 of the Act; |
| 2. | Affairs regarding the registration and registration of changes, reissuance of a certificate of registration, and preparation and management of a management register of international marriage brokerage business pursuant to Article 4 of the Act; |
| 3. | Deleted; <by Presidential Decree No. 27960, Mar. 27, 2017> |
| 4. | Affairs regarding the verification of grounds for disqualification pursuant to Article 6 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 8 (Standards for Imposition of Administrative Fine) |
[This Article Wholly Amended by Presidential Decree No. 23970, Jul. 23, 2012]
| Article 9 (Review of Regulations) |
The Minister of Gender Equality and Family shall review the appropriateness of the matters provided for in each subparagraph every three years from the base date prescribed in each subparagraph (before the base date of every third year) and shall take measures, such as improvement thereof: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
| 1. | Standard of reporting domestic marriage brokerage business pursuant to Article 1-2: January 1, 2017; |
| 2. | Standard of registering international marriage brokerage business pursuant to Article 2: January 1, 2017; |
| 3. | Matters regarding provision of personal information pursuant to Article 3-2: January 1, 2017. |
[This Article Wholly Amended by Presidential Decree No. 25050, Dec. 30, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 15, 2008.
Article 2 (Transitional Measures concerning Education)
An international marriage broker educated pursuant to Article 3 of the Addenda of the Act shall report such fact to the Mayer/Do Governor.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22494, Nov. 16, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Article 2 (Transitional Measures concerning Provision of Personal Information)
The amended provision of Article 3-2 shall apply where a marriage brokerage contract is entered into pursuant to Article 10 (1) of the Act and the parties’ first meeting is held after this Decree enters into force.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23970, Jul. 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Article 2 (Transitional Measures concerning Provision of Personal Information)
The amended provision of Article 3-2 shall apply where the meeting under the marriage brokerage contract pursuant to Article 10 (1) of the Act is held after this Decree enters into force.
ADDENDA <Presidential Decree No. 24446, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24755, Sep. 17, 2013>
This Decree shall enter into force on September 23, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26471, Aug. 3, 2015>
This Decree shall enter into force on August 4, 2015.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 and 12 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)