to extend the migrant spouse’s stay and existence of children from the marriage.
The government has made considerable efforts to enhance the status of migrants
married to Koreans and guarantee their human rights through the enactment of
marriage brokerage-related laws and amendment to the existing laws to improve the
aforesaid situations. Note, however, that the human rights situation of migrants married
to Koreans still leaves a lot to be desired.
Said issue involves the following factors: instances of human rights infringement
occurring in the course of marriage brokerage agencies’ involvement; linkage of status of
sojourn of migrants married to Koreans to continued marriage; requirements for the Korean
spouse’s identification reference and existence of children from the marriage for a migrant
to obtain Korean nationality; domestic violence; human rights infringement stemming from
Korea’s patriarchal family culture, instability of status of sojourn and financial problem
of divorced migrant women, locals’ prejudice against migrants married to Koreans, etc.
NHRCK has cited on several occasions the need for the amendment of the
Immigration Control Act (12/6/2007) and enactment of the Enforcement Decree and
Enforcement Rules of the Marriage Brokerage Business Management Act (4/10/2008)
in an effort to improve the relevant situation. Human Rights Guidelines on Migration
present the principles and desired directions contained in international norms on the
basic human rights of migrants married to Koreans.
1. Taking measures aimed at preventing marriages that
infringe human rights
A. Current status and problems
• In October 2010, the Ministry of Gender Equality and Family (MOGEF) and
other relevant ministries started taking steps to foster an atmosphere conducive
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Human Rights Guidelines on Migration