계약법적 관점에서 바라본 국제결혼중개법제의 현황 및 문제점과 그 개선방안

A Study on the Related Laws of the International Marriage Brokerage from the Contractual Perspective - focused on 「Marriage Brokers Business Management Act」 -

Commercial international marriage brokerage has increased rapidly in the early half of 2000’s. The majority of these marriages consisted of Korean husbands and foreign wives who had nationality such as Chinese, Vietnam, Philippines and Cambodia. There are many brokers of international marriages in Korea and because of this there appears a number of problems. Such a dramatic increase has sparked widespread concern, for example human trafficking, culture shock, domestic violence, unbalanced power and financial differential between the two parties. Therefore, we need to change the policies as well as the fundamental institutions of international marriage brokering. Although there are Marriage Brokers Business Management Act, currently there is no law to regulate their business practices effectively. Some of the important points have been reflected and a lot of things need to be improved in the actual revision of the Marriage Brokers Business Management Act. In this paper, I will examine the main contents and the limitations of the Marriage Brokers Business Management Act, the most intimate legislation regarding the establishment of international marriages. In Chapter Ⅱ, I would like to provide an overview of the present conditions and the legal status of international marriage brokerage. In Chapter Ⅲ, I would like to institutional alternatives of Marriage Brokers Business Management Act. Chapter Ⅳ, I study the issues arising from family dissolution, analyzes the surrounding legal issues together with methods and concludes with proposals based on the observations made.