결혼이주여성의 보호를 위한 현행 법제의 비판적 검토

Abstract

Korea has been suffering from the imbalance of gender ratio for the marriageable population since 1990 with men’s population exceeding the number of women in their marriageable age. Additionally as most of women whose education level has lifted equally up to that of men’s tend to avoid living in the farming and fishing village out of the city, men in the fishing and farming occupation in the country side can hardly find a Korean woman willing to marry them. On the other hand however, there are a growing number of women from outside of the country such as China, Vietnam and Philippines coming to the country in attempt to realizing their Korean Dream by marring Korean men. This galloping international marriage has brought numerous unexpected social issues in Korea. This research aims to examine the legal methods for protecting these migrant women as Korean citizens in their matrimony procedure and marital life in the country. To begin with, the legal principles of listing contract and international marriage brokerage is considered for protection of the marriage immigrants to Korea. This especially emphasizes on promoting human rights of marriage migrants and their private life along with the responsibility of the international marriage brokers. Moreover, this paper studies various stages where legal protection for the immigrant women is required throughout the completion of international marriages process to the entry to the country until the settlement of their wedded life. For example, a solution must be planned ahead for the case where the marital VISA is rejected for the migrating wife. Also a legal action necessary for the immigrant wife to be able to stay in the country without any conditions even in her simplified naturalized status in case of the Korean husband’s death for protection of their family life and the children. Finally, it reviews the sojourn status, claim for division of property and visitation right of the immigrant women when the planned international marriage falls through before she obtains the citizenship. The failure of international marriage is nothing much different from that of marriage between Koreans but it could be over before the actual marriage life is even started. In case of the international marriage breakdown, it is thought that the immigrant women should be entitled to stay in the country for the visitation right even for those who don’t raise minor kids. Along with mentioned measures, exceptions to the simplified naturalization should be considered on individual cases as well. This research is originally desired to cover from the protection of international marriage to the multicultural family but on account of space consideration, protection of children from the multicultural family will be studied in the next opportunity.