혼인중개계약의 법적 성질과 소비자보호방안

The Legal Features of Matrimonial Brokerage and Consumer Protection

The customers, who consult with matrimonial mediation company on matchmaking for marriage, are rapidly increasing. In addition, the brokers specializing in the brokerage of international marriage are increasing due to the trend of globalization. Likewise in Korea, many matrimonial mediation company have active actions. Nevertheless in Korea, there is no the legal system for protecting customers. Now, the related law should be legislated at the earliest possible opportunity. Swiss established the mandatory contract of matrimonial brokerage in 1998, on purpose to monitor commercial matrimonial brokerage. In result, various legal systems were so established that customers can cancel it entirely and can be protected legally. Currently, Korean National Assembly also plans to legislate the so-called matrimonial brokerage management acts to protect customers legally. It is considered that matrimonial mediation company may be controlled under a mandatory contract, same as Swiss. In such a case, the matrimonial mediation company can claim remuneration separately from the conclusion of marital contract, and matchmaking should be obligatory on them simultaneously with the conclusion of the contract. Specifically, the contract for matrimonial brokerage is not a brokerage business contract but is a mandatory contract. Moreover, it is reasonable for customers to cancel contract entirely so that they can be legally protected, and a legal system capable of protecting customers personal information should be established. Although customers can be partially protected under the civil law or the criminal law, a special law should be finally legislated. In legislating the law, the brokerage business contract concluded by the brokers should be regarded as the mandatory contract like the ‘law of obligation established in Swiss; at the same time, customer protection plans should be variously researched. In case the so-called personal information protection acts are established, the special regulations for protecting personal information may not necessary to be established. With regard to international matrimonial brokers, a license system should be introduced to be monitored under the competent institutions.