S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 14 Number 1/2 (2014/2015)
Marriage for Immigration in the Republic of Korea: Decoupling Controls in Immigration Law, Family Law, and Criminal Law
- Lee, Dongjin
- Issue Date
- School of Law, Seoul National University
- Journal of Korean Law, Vol.14 No.1, pp. 1-37
- marriage for immigration; simulated marriage; voidness of marriage; untrue entry in an officially authenticated original deed; simple naturalization
- This Article is based on the paper presented at the 15th World Conference the
International Society of Family Law from August 6, 2014 to August 9, 2014 in Recife, Brazil.
- The incidence of cross-border marriage has been significantly increasing for the last 20 years in Korea. A considerable part of it is marriage for immigration. Korea has coped with this challenge by combining several doctrines independently developed in immigration law, family law, and criminal law. This article analyzes this combination. It argues that the current approach is strange and decoupling regulations in each field–immigration law, family law, and criminal law– and formalizing the conditions for immigration are suggested. Though this alternative would not fully harmonize all the conflicting interests, it would facilitate privacy protection, family autonomy, and the transparency and fairness of procedure without surrendering immigration control.