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
Act No. 12078, Aug. 13, 2013
Act No. 13177, Feb. 3, 2015
Act No. 14060, Mar. 2, 2016
Act No. 14441, Dec. 20, 2016
Act No. 14405, Dec. 20, 2016
Act No. 14700, Mar. 21, 2017
Act No. 15203, Dec. 12, 2017
Act No. 15351, Jan. 16, 2018
Act No. 15449, Mar. 13, 2018
Act No. 15544, Mar. 27, 2018
The purpose of this Act is to guide and manage the marriage brokerage business on a wholesome basis as well as to prevent damage to its users to protect them, thereby contributing to creating a sound marriage culture. <Amended by Act No. 14060, Mar. 2, 2016>
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 in exchange 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 2-2 (Fact-finding Surveys) |
| (1) | The Minister of Gender Equality and Family shall conduct fact-finding surveys every three years regarding marriage brokerage, such as the operating condition of marriage brokerage business and damage to users caused by international marriage brokerage, and publish the results thereof. <Amended by Act No. 15203, Dec. 12, 2017> |
| (2) | Matters necessary for methods, details, etc. of a fact-finding survey under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted by Act No. 12078, Aug. 13, 2013]
| 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 benefit of surety insurance and a brokerage office, and report to the Special Self-Governing City Mayor or the head of the competent Si (including the head of an 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), Gun, or 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 Ordinance of the Ministry of Gender Equality and Family, from among the reported matters. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010; Act No. 15449, Mar. 13, 2018> |
| (2) | The Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall notify the reporting person whether the report has been accepted within 30 days from receiving the report or the report of change under paragraph (1). <Newly Inserted by Act No. 15449, Mar. 13, 2018> |
| (3) | Where the Special Self-Governing City Mayor or the head of a Si/Gun/Gu fails to notify the reporting person whether the report has been accepted or the fact that the processing period has been extended pursuant to statutes regarding handling of civil petitions, within the period prescribed in paragraph (2), the report shall be deemed accepted on the day following the end of the relevant period (referring to the relevant extended or re-extended period where the processing period is extended or re-extended pursuant to statutes regarding handling of civil petitions). <Newly Inserted by Act No. 15449, Mar. 13, 2018> |
| (4) | Upon receipt of report under paragraph (1) (including cases where reports are deemed accepted under paragraph (3)), the Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall issue a certificate of completion of report to the reporting person. <Amended by Act No. 15449, Mar. 13, 2018> |
| (5) | Matters to be reported under paragraph (1), procedures for such report, issuance of a certificate of completion of report under paragraph (4), and other necessary matters relating to report shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 15449, Mar. 13, 2018> |
| 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, benefit of surety insurance benefit and a brokerage office, file a registration with the Special Self-Governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the place in which the person intends to set up the brokerage office. The same shall apply where the person intends to change important matters prescribed by Ordinance of the Ministry of Gender Equality and Family, from among the registered matters. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010; Act No. 11283, Feb. 1, 2012; Act No. 15449, Mar. 13, 2018> |
| (2) | The Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall issue a certificate of registration to any person who registers the international marriage brokerage business under paragraph (1). <Amended by Act No. 10301, May 17, 2010; Act No. 15449, Mar. 13, 2018> |
| (3) | Matters to be registered under paragraph (1), procedures for such registration, issuance of a certificate of registration under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 4-2 (Publication of Marriage Brokers) |
| (1) | The head of a Si/Gun/Gu shall publish the current status, etc. of marriage brokers reported to or registered with the Special Self-Governing City Mayor or the head of the competent Si/Gun/Gu on its Internet homepage on a regular basis. <Amended by Act No. 15351, Jan. 16, 2018; Act No. 15449, Mar. 13, 2018> |
| (2) | Matters to be published under paragraph (1), methods and timing therefor, and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted by Act No. 11283, Feb. 1, 2012]
| Article 4-3 (Guidance and Inspection) |
| (1) | In cases of international marriage brokerage business registered under Article 4, the Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall guide and inspect matters to be registered, such as requirement for capital set forth in Article 24-3, and matters relating to the affairs of business, such as provision of personal information under Article 10-2, at least once a year. <Amended by Act No. 13177, Feb 3, 2015; Act No. 14060, Mar. 2, 2016; Act No. 15449, Mar. 13, 2018> |
| (2) | Procedures and methods relating to guidance and inspection under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted by Act No. 11283, Feb. 1, 2012]
| Article 5 (Report of Suspension or Cessation of Business or Resumption thereof) |
| (1) | When a marriage broker intends to suspend or close business or to resume business after such suspension, he/she shall report to the Special Self-Governing City Mayor or the head of the relevant Si/Gun/Gu in accordance with Ordinance of the Ministry of Gender Equality and Family. Where the closure 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 grounds for 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; Act No. 15449, Mar. 13, 2018> |
| (2) | Where a marriage broker who suspended a business pursuant to paragraph (1) fails to report the resumption of the business even after one year has elapsed since the termination of suspension period thereof, he/she shall be deemed to have closed the business. <Newly Inserted by Act No. 13177, Feb 3, 2015> |
| Article 6 (Disqualifications) |
None of the following persons may conduct or engage in the marriage brokerage business: <Amended by Act No. 9765, Jun. 9, 2009; Act No. 11672, Mar. 22, 2013; Act No. 13177, Feb. 3, 2015; Act No. 15544, Mar. 27, 2018>
| 1. | A minor, an incompetent under the adult guardianship, a quasi-incompetent under the limited guardianship, 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 greater punishment declared by a court was completely executed (or deemed completely executed) or exempted; |
| 3. | A person who is under the period of suspension of execution of imprisonment without labor or greater punishment as declared by a court; |
| 4. | A person sentenced to a fine or greater 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 Arrangement of Commercial Sex Acts, Etc., the Act on the Regulation of Amusement Businesses Affecting Public Morals, the Act on the Protection of Children and Juveniles against Sexual Abuse, or Articles 7-2 and 18 (4) of the Immigration Act, in whose case three years have not elapsed since such punishment was completely executed or the non-execution of the punishment was decided, notwithstanding the provisions of subparagraphs 2 and 3 of this Article; |
| 5. | A person in whose case three years have not passed since the execution of a punishment or administrative measures was completed after such punishment or administrative measure had been decided (where he/she violated the criminal statutes, including cases where the non-execution of the punishment had been decided) for his/her violation of the criminal statutes or administrative statues of a foreign country in relation to international marriage brokerage; |
| 6. | A person in whose case three years have not elapsed since his/her registration was revoked or place of business was closed under Article 18: Provided, That the foregoing shall not apply where the registration was revoked or the place of business was closed because he/she fell under subparagraph 1 of this Article; |
| 7. | A corporation whose executive officer falls under any of subparagraphs 1 through 6. |
| Article 7 (Prohibition of Concurrent Engagement) |
| Article 8 (Notice of Certificate of Completion of Report, etc.) |
| (1) | A marriage broker shall post a list including fees, membership dues, etc. for marriage brokerage, a certificate of completion of report or a certificate of registration, and other matters prescribed by Ordinance of the Ministry of Gender Equality and Family in an easily visible spot at his/her brokerage office. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 14441, Dec. 20, 2016> |
| (2) | If a marriage broker has an 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 Ordinance of the Ministry of Gender Equality and Family on his/her Internet homepage so that they can be easily identified by users. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 9 (Prohibition against Lending of Name) |
No marriage broker shall permit other persons to engage in the marriage brokerage business under his/her name or trade name or lend his/her certificate of completion of report or certificate of registration.
| 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 user for the purpose of marriage brokerage, such marriage broker shall enter into a contract in the following forms. In such cases, such marriage broker shall give a full explanation so that the user 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) | When a contract is concluded under paragraph (1), a written 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 but the details thereof are not stated in the contract) shall be provided to the user: |
| 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 which the marriage broker must comply with. |
| (3) | Each marriage broker shall retain the written contract prepared under paragraph (1) during the period prescribed by Ordinance of the Ministry 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. |
| (5) | In order to establish fair trade order of marriage brokerage business, the Minister of Gender Equality and Family shall formulate a standard contract regarding marriage brokerage business and recommend marriage brokers to use it. <Newly Inserted by Act No. 13177, Feb. 3, 2015> |
| Article 10-2 (Provision of Personal Information) |
| (1) | An international marriage broker shall obtain the following personal information from a user 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 user with the said information (including evidential documents) in writing after obtaining authentication from a notary public of each country concerned: Provided, That the user or the other party who has obtained authentication from a notary public in a foreign country shall obtain confirmation from the consul in charge of notarization in accordance with Article 30 (1) of the Act on Notarial Acts Done at Diplomatic Missions Abroad or obtain confirmation in accordance with the Convention Abolishing the Requirement of Legalization for Foreign Public Document: <Amended by Act No. 14405, Dec. 20, 2016> |
| 2. | Health conditions (including whether the person concerned contracted immune deficiency syndrome, a sexually transmitted disease, or a mental disorder); |
| 4. | 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 over the latest ten years; |
| 5. | Other matters prescribed by statutes of the country of the other party's citizenship. |
| (2) | Documents concerning health conditions referred to in paragraph (1) 2 means medical 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 a mental health department, 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 user 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) | An international marriage broker shall provide interpretation and translation services to help a user 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 Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted by Act No. 10301, May 17, 2010]
| Article 10-4 (Record-Keeping) |
| (1) | An marriage broker shall prepare and retain records on the following matters, as prescribed by Ordinance of the Ministry of Gender Equality and Family: |
| 1. | A written contract of marriage brokerage prepared in accordance with Article 10 (1); |
| 2. | A confirmation form (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 user or the other party requests the confirmation of details, such as the perusal and issuance of copy of records, etc. referred to in paragraph (1), a marriage broker shall comply with such request. |
[This Article Newly Inserted 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, or money and other valuables. |
[This Article Newly Inserted by Act No. 11283, Feb. 1, 2012]
| Article 11 (Compliance, etc. with Applicable Foreign Statutes) |
| (1) | Where an international marriage broker engages in international marriage brokerage in a foreign country, he/she shall comply with this Act, and the applicable criminal statutes and administrative statutes of the foreign country. <Amended by Act No. 11672, Mar. 22, 2013> |
| (2) | Where an international marriage broker violates this Act, or the applicable criminal statutes and administrative statutes of the relevant foreign country, the Minister of Foreign Affairs shall notify the Minister of Gender Equality and Family of details of such violation, who shall in turn notify the relevant Mayor/Do Governor thereof. 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. 11672, Mar. 22, 2013; Act No. 11690, Mar. 23, 2013> |
| Article 11-2 (Production, Distribution, and Broadcasting of Promotional Video) |
| (1) | The Minister of Gender Equality and Family shall produce a video clip promoting a prudent decision on international marriage, the prevention of damages from an international marriage broker, etc., and distribute such promotional video to broadcasting operators referred to in subparagraph 3 of Article 2 of the Broadcasting Act. |
| (2) | The Minister of Gender Equality and Family may request terrestrial broadcasting operators prescribed in subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereinafter referred to as "broadcasting operator") to broadcast promotional video prescribed in paragraph (1) on each channel within the programming ratio of non-commercial public service advertisements prescribed by Presidential Decree, pursuant to Article 73 (4) of the said Act. |
| (3) | A broadcasting operator may independently produce and broadcast promotional video, other than the promotional video prescribed in paragraph (1). In such cases, he/she may request the Minister of Gender Equality and Family to provide necessary cooperation and support. |
[This Article Newly Inserted by Act No. 12078, Aug. 13, 2013]
| Article 12 (Prohibition, etc. of False or Exaggerated Indication and Advertisement) |
| (1) | No marriage broker shall indicate or advertise in a false or exaggerated manner, or in a manner likely to instigate discrimination or prejudice on the grounds of nationality, race, sex, age, occupation, etc., or to cause human trafficking or infringement of human rights. <Amended by Act No. 11283, Feb. 1, 2012> |
| (2) | No marriage broker shall provide false information to users in arranging marriages. |
| (3) | Where a marriage broker indicates or advertises a domestic marriage brokerage, a domestic marriage broker shall include the report number of the domestic marriage brokerage business, and an international marriage broker shall include the registration number of the international marriage brokerage business, respectively. <Newly Inserted by Act No. 10301, May 17, 2010> |
| (4) | No person other than a marriage broker shall advertise the marriage brokerage. <Newly Inserted by Act No. 11283, Feb. 1, 2012> |
| (5) | Matters necessary regarding the false or exaggerated indication and the scope of advertisements, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 12-2 (Prohibition, etc. of Introduction of Minors) |
No international marriage broker shall perform any of the following acts in arranging marriages:
| 1. | Introducing a person under 18 years of age; |
| 2. | Introducing two other parties or more to a user at the same time; |
| 3. | Introducing two other parties or more to two or more users 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 Newly Inserted by Act No. 11283, Feb. 1, 2012]
| Article 13 (Protection of Personal Information) |
No person who is or was engaged in the marriage brokerage business shall provide or disclose to other persons the personal information that comes to his/her knowledge in the course of performing his/her business, or use that information for any purpose other than marriage brokerage, against the will of the user.
| Article 14 (Keeping of Books, etc.) |
A marriage broker shall furnish books, registers and other necessary materials in accordance with Ordinance of the Ministry of Gender Equality and Family. In such cases, books, registers and other necessary materials prescribed by Ordinance of the Ministry of Gender Equality and Family may be prepared and retained in electronic format under subparagraph 1 of Article 2 of the Framework 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 marriage brokerage business intends to enter into a business alliance with a business entity, etc. engaged in activities in a foreign country with respect to the recruitment, etc. of the contracting parties in a marriage, 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 the following matters in such agreement, which a business entity, etc. entering into a business alliance must comply with: |
| 1. | Preparation, etc. of a written contract of marriage brokerage under Article 10; |
| 2. | Compliance with applicable foreign statutes under Article 11 (1); |
| 3. | Prohibition of false or exaggerated indication 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 Newly Inserted by Act No. 10301, May 17, 2010]
| Article 15 (Report, Inspection, etc.) |
| (1) | The Special Self-Governing City Mayor or the head of a Si/Gun/Gu may require marriage brokers to submit materials and reports necessary for the enforcement of this Act, and may require any public official under his/her jurisdiction to visit the relevant brokerage offices for investigating their operating status or to inspect their books, registers and other documents. <Amended by Act No. 10301, May 17, 2010; Act No. 15449, Mar. 13, 2018> |
| (2) | An international marriage broker shall report his/her annual outcomes of marriage brokerage, etc. to the Special Self-Governing City Mayor or the head of the relevant Si/Gun/Gu on a regular basis, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted by Act No. 11283, Feb. 1, 2012; Act No. 15449, Mar. 13, 2018> |
| (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 present it to the interested persons. |
| 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) |
Where a marriage broker falls under any of the following subparagraphs, the Special Self-Governing City Mayor or the head of the relevant Si/Gun/Gu may order him/her to make corrections or changes within a specified period of not more than three months: <Amended by Act No. 10301, May 17, 2010; Act No. 11283, Feb. 1, 2012; Act No. 13177, Feb. 3, 2015; Act No. 15449, Mar. 13, 2018>
| 1. | Where he/she fails to report any changes, in violation of Article 3 (1); |
| 2. | Where he/she fails to register any changes, in violation of Article 4 (1); |
| 3. | Where he/she fails to report suspension or closure of the marriage brokerage business, or resumption thereof after such suspension, in violation of Article 5 (1); |
| 4. | Where he/she fails to post his/her certificate of completion of report or certificate of registration, etc. or his/her report number or registration number, etc., in violation of Article 8; |
| 5. | Where 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. | Where he/she fails to furnish materials, such as books, in violation of Article 14; |
| 7. | Where he/she violates this Act or any order issued thereunder. |
| Article 18 (Suspension of Business, etc.) |
| (1) | Where a marriage broker falls under any of the following subparagraphs, the Special Self-Governing City Mayor or the head of the relevant Si/Gun/Gu may revoke his/her registration, or order closure of his/her place of business, or suspension of business for a specified period of not more than one year: Provided, That if the domestic marriage broker falls under subparagraph 1 or 2, or falls under subparagraph 24 at least three times within a year, the head of the relevant Si/Gun/Gu shall order closure of the place of business, and 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: <Amended by Act No. 11672, Mar. 22, 2013; Act No. 13177, Feb. 3, 2015; Act No. 15449, Mar. 13, 2018; Act No. 15544, Mar. 27, 2018> |
| 1. | Where he/she reports or registers the marriage brokerage business by fraud or other wrongful means; |
| 2. | Where he/she becomes disqualified under Article 6 (excluding cases falling under the main sentence of subparagraph 6 of Article 6): Provided, That this shall not apply to any corporation that has replaced the disqualified executive officer within one month; |
| 3. | Where 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. | Where he/she allows any third party to engage in the marriage brokerage business under his/her name or trade name or lends his/her certificate of completion of report or certificate of registration, in violation of Article 9; |
| 5. | Where he/she fails to enter into a contract in writing or in electronic format, in violation of Article 10 (1); |
| 6. | Where he/she omits any details to be stated in a written contract or fails to provide a written contract, in violation of Article 10 (2); |
| 7. | Where he/she fails to retain a written contract, in violation of Article 10 (3); |
| 8. | Where he/she states false information in a written contract or prepares two or more different contract forms, in violation of Article 10 (4); |
| 9. | Where he/she fails to provide personal information (including evidential documents) to a user and the other party, in violation of Article 10-2 (1); |
| 10. | Where 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. | Where he/she provides exaggerated personal information or omits any significant matters, in violation of Article 10-2 (1); |
| 12. | Where an international marriage broker fails to provide interpretation and translation services, in violation of Article 10-3 (1); |
| 13. | Where he/she fails to retain records, in violation of Article 10-4 (1); |
| 14. | Where 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 statutes under Article 11 (2) (excluding cases where the head of the relevant Si/Gun/Gu revokes registration because the marriage broker falls under subparagraph 2); |
| 16. | Where he/she indicates or advertises any details 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 infringement of human rights, in violation of Article 12 (1); |
| 17. | Where he/she provides false information to a user, in violation of Article 12 (2); |
| 18. | Where he/she engages in marriage brokerage, in violation of Article 12-2; |
| 19. | Where 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. | Where he/she fails to submit materials or make a report under Article 15 (1), or makes a false report; |
| 21. | Where he/she evades or interferes with an investigation or inspection conducted by any competent public official under Article 15 (1); |
| 22. | Where he/she fails to comply with a corrective order issued under Article 17; |
| 23. | Where he/she fails to meet the requirements for registration set forth in Article 24-3; |
| 24. | Where 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 Ordinance of the Ministry 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 filing a report under Article 3 (1) or registration under Article 4 (1), or continues to operate business despite the revocation of registration, an order to close the place of business or an order to suspend business under Article 18 (1), the Special Self-Governing City Mayor or the head of the relevant Si/Gun/Gu may have any competent public official take the following measures to close the place of business in question: <Amended by Act No. 10301, May 17, 2010; Act No. 13177, Feb. 3, 2015; Act No. 15449, Mar. 13, 2018> |
| 1. | Removal or destruction of signboards or other business signs of the place of business in question; |
| 2. | Attachment of notices, etc. indicating that the place of business in question is illegal; |
| 3. | Blockade to prevent the use of facilities or equipment, etc. necessary for business operations. |
| (2) | After blocking up such facilities, equipment, etc. under paragraph (1) 3, if it is deemed unnecessary to continue to do so, or if the marriage broker involved or his/her agent requests the removal of such blockade 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 relevant marriage broker 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 to 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 present it to interested persons. |
If the Special Self-Governing City Mayor or 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; Act No. 15449, Mar. 13, 2018>
| Article 21 (Succession, etc. of Administrative Dispositions) |
| (1) | A marriage broker falling under any of the following subparagraphs shall succeed to the effects of administrative dispositions taken against the former marriage broker under Article 18 (1): <Amended by Act No. 13177, Feb. 3, 2015> |
| 1. | A person who takes over the marriage brokerage business; |
| 2. | Where corporations engaged in the marriage brokerage business merge, the corporation surviving or resulting after the merger; |
| 3. | A person who reports or registers again the marriage brokerage business within one year after reporting the cessation thereof under Article 5 (1). |
| (2) | With respect to persons falling under any subparagraph of paragraph (1) of this Article, the procedures for administrative disposition in progress under Article 18 (1) may be continued. |
| (3) | Notwithstanding the provisions of paragraphs (1) and (2), when a person who falls under any subparagraph of paragraph (1) proves that he/she was not aware of a disposition order issued to, or a violation committed by, the former marriage broker, he/she shall not be subject to such provisions. |
A person who intends to make a report under Article 3 (1) or to register under Article 4 (1) shall pay a fee to the Special Self-Governing City Mayor or the head of the relevant Si/Gun/Gu in accordance with Ordinance of the Ministry of Gender Equality and Family. The same shall apply where he/she intends to change any reported or registered matters. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10301, May 17, 2010; Act No. 15449, Mar. 13, 2018>
| Article 23 Deleted. <by Act No. 10301, May 17, 2010> |
| (1) | In order to enhance the expertise, ethics, and quality of marriage brokers and their employees, the Minister of Gender Equality and Family, the Special Self-Governing City Mayor 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; Act No. 13177, Feb. 3, 2015; Act No. 15449, Mar. 13, 2018> |
| (2) | A person who intends to register an international marriage brokerage business under Article 4 (1) shall be educated in advance under paragraph (1) of this Article. |
| (3) | Where a person who is subject to education under paragraph (2) intends to engage in the international marriage brokerage business in two or more places, or cannot be educated for any reason prescribed by Ordinance of the Ministry of Gender Equality and Family, he/she shall designate responsible persons, 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 Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 24-2 (Education for Prevention of Damage to Users of International Marriage Brokerage Business) |
| (1) | In order to prevent damage to users of the international marriage brokerage business, the Minister of Gender Equality and Family, the Special Self-Governing City Mayor or the head of a Si/Gun/Gu may provide education or entrust such education to any corporation or organization. <Amended by Act No. 15449, Mar. 13, 2018> |
| (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 Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted by Act No. 11283, Feb. 1, 2012]
| (1) | A 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 cases of a non-corporation) for each brokerage office. |
| (2) | An international marriage broker shall retain the capital pursuant to paragraph (1) continuously after the registration. |
[This Article Wholly Amended by Act No. 13177, Feb 3, 2015]
| Article 25 (Guarantee of Compensation Liability for Damages) |
| (1) | If a domestic marriage broker causes damage to users by intention or negligence in arranging marriages, he/she shall be liable for such damages. <Amended by Act No. 14060, Mar. 2, 2016> |
| (2) | If an international marriage broker causes damage to users in arranging marriages in violation of this Act, he/she shall be liable for such damages: Provided, That the same shall not apply to the cases where the international marriage broker proves that there has been no intention or negligence on his/her part relating to the damage. <Newly Inserted by Act No. 14060, Mar. 2, 2016> |
| (3) | In order to guarantee compensation liability for damages under paragraph (1) or (2), each marriage broker shall purchase surety insurance as prescribed by Presidential Decree. <Amended by Act No. 10301, May 17, 2010; Act No. 14060, Mar. 2, 2016> |
| (4) | Matters necessary for procedures, etc. for claiming benefit of surety insurance under paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 10301, May 17, 2010; Act No. 14060, Mar. 2, 2016> |
| (1) | Any of the following persons shall be punished by imprisonment with labor 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 with labor for not more than 3 years or by a fine not exceeding 30 million won: <Amended by Act No. 11283, Feb. 1, 2012; Act No. 14700, Mar. 21, 2017> |
| 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 engage in the marriage brokerage business under his/her name or trade name or lends 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 indicates or advertises any details 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 infringement of human rights, in violation of Article 12 (1); |
| 7. | Any person who provides false information to a user, 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 Penalty 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 the actor shall be punished, but also the 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 (Administrative Fines) |
| (1) | An administrative fine not exceeding three million won shall be imposed on any of the following persons: <Amended by Act No. 11283, Feb. 1, 2012> |
| 1. | A person who fails to report any changes, in violation of Article 3 (1); |
| 2. | A person who fails to register any changes, in violation of Article 4 (1); |
| 3. | through 5. Deleted. <by Act No. 11672, Mar. 22, 2013> |
| (2) | An administrative fine not exceeding one million won shall be imposed on any of the following persons: <Amended by Act No. 13177, Feb. 3, 2015> |
| 1. | A person who suspends or closes business or resumes business after such suspension without making a report, in violation of Article 5 (1); |
| 2. | A person who fails to post a certificate of completion of report, or certificate of registration certificate, etc. or the report number or registration number, etc., in violation of Article 8; |
| 3. | A person who fails to furnish materials, such as books, in violation of Article 14. |
| (3) | Administrative fines referred to in paragraph (1) or (2) shall be imposed and collected by the Special Self-Governing City Mayor or the head of the relevant Si/Gun/Gu as prescribed by Presidential Decree. <Amended by Act No. 10301, May 17, 2010; Act No. 15449, Mar. 13, 2018> |
| (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) A 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 concerning Education) A 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)
An 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. 11672, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of subparagraph 1 of Article 6 shall enter into force on July 1, 2013. Article 2 (Transitional Measures concerning Incompetents, etc.)
The former provision of subparagraph 1 of Article 6 shall apply to a person that cannot conduct marriage brokerage business or engage in such business pursuant to the former subparagraph 1 of Article 6 because he/she was adjudged incompetent or quasi-incompetent at the time the amended provision of subparagraph 1 of Article 6 enters into force.
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.
ADDENDA <Act No. 12078, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Fact-finding Surveys)
The first fact-finding survey under the amended provisions of Article 2-2 shall be conducted in 2014.
ADDENDA <Act No. 13177, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Dispositions)
The former provisions shall apply to the administrative dispositions against violations committed before this Act enters into force.
ADDENDA <Act No. 14060, Mar. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Relationship with Other Acts)
Where previous provisions are cited in other statutes at the time this Act enters into force, if there are relevant provisions among the amended provisions, such relevant amended provisions shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 14405, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14441, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14700, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15203, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Fact-Finding Surveys)
The first fact-finding survey in accordance with the amended provisions of Article 2-2 shall be conducted in the year 2020.
ADDENDUM <Act No. 15351, Jan. 16, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15449, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Report or Re-Report of Domestic Marriage Brokerage Business)
The amended provisions of Article 3 (2) or (3) shall begin to apply from the case where domestic marriage brokerage business is reported or any changes thereto are reported after this Act enters into force.
ADDENDUM <Act No. 15544, Mar. 27, 2018>
This Act shall enter into force on the date of its promulgation.