number of counseling sessions on sojourn and nationality has increased from
13,959 in 2015 to 16,747 in 2016. The reason for the increased number is that
the rights of marriage migrants such as qualification for stay, permanent
residence and acquisition of nationality are currently dependent on a Korean
family member or guaranteed with focus on giving birth to children with Korean
nationality, undermining an equal marital relationship. Although a certificate to
prove the validity of marriage is submitted at the time of applying for F-6 visa,
marriage migrants are still supposed to submit a fidelity guarantee written by
their spouse based on the Enforcement Regulation of the Immigration Act. As
long as fidelity guarantee by a Korean spouse is necessary, marriage migrants
would be left in a situation where they have to bear unfair treatment and
violence committed by their Korean spouse before acquiring the Korean
nationality, which increases the possibility of continuing an unequal marital
relationship where marriage migrants become subordinate to Korean spouses.
84. The NHRCK expressed an opinion on the “Fidelity Guarantee System by Spouses
for the Acquisition of F-6 Visa” in the Third Basic Plans for Multicultural Family
Policy released by the Ministry of Gender Equality and Family that “in order to
improve the subordinate status of marriage migrants, it is desirable for the
fidelity guarantee system to be abolished as it goes against the constitutional
value of sustaining marriage and family life on the basis of individual dignity and
equality of the sexes stipulated in Article 36 (1) of the Constitution of the
Republic of Korea and undermines an equal marital relationship and to
streamline the procedure to prolong their stay” in November 2017. In addition,
the Commission pointed out “the lack of considerations of gender and human
rights as the system guarantees stable sojourn of marriage migrants with focus
on childbirth” as it is hard for women migrants who are no longer married to
Korean spouses to raise children with Korean nationality and prove that the
normal marriage life was impossible even though they are not to blame.
[21] Improvement in the Issue of “National Sex Education Standards” (List of Issues
15)