2. Protection of migrants married to Koreans and guarantee
of their right to enter and stay in Republic of Korea
A. Current status and problems
• It has been pointed out that pre-entry education aimed at preventing migrant
women’s exposure to domestic violence and marriage brokerage prone to human
trafficking is performed only perfunctorily. Some marriage brokers even
perpetrate fraud like not making arrangements for an invitation letter for her
to come to Republic of Korea after the on-site marriage. The government should
come up with a way to guarantee the status of sojourn and legal status for
migrants married to Koreans to ensure their right to marriage regardless of
identification reference provided by their Korean spouses
B. Domestic/International norms and realistic cases in major countries
Contents
Domestic
norms
- Concerning the protection of aliens under domestic laws, Article 6
(Effectuation of Treaties and International Laws and Guarantee of Aliens’
Status) of the Constitution and Article 4 (About Foreigners in Republic
of Korea) of the National Human Rights Commission Act apply.
- Ref. Article 11, (1) (Right to Equality) and Article 36 (1) (Marriage and
Family Life) of the Constitution; Article 2 (3) (defining the term
“discriminatory act of violating the right to equality”) of the National
Human Rights Commission Act; Article 3 (responsibilities of State and
local governments to help multicultural family members enjoy stable
family life) of the Multicultural Families Support Act
- The concluding observations (7/29/2011) made by the Convention on the
th
Elimination of All Forms of Discrimination Against Women on the 7
International
norms
periodic report of the Republic of Korea expressed concern regarding the
requirements for the provision of verbal or written information in the
36
Human Rights Guidelines on Migration