Commercialization of sex and ads on international marriage infringing on human rights to be punished

- Amended Enforcement Rules of the Marriage Brokerage Business Management Act to enter into force on Jan. 8 -

 ▪ Marriage brokers putting up ads infringing on human rights subject to business suspension or punishment under the Criminal Act 

 ▪ Expansion of punishment–related public disclosure items, such as closure of law-breaking marriage brokerage businesses or administrative measures taken against them

 ▪ Pre-registration education for marriage brokers on human rights protection and multi-culture accommodation to be strengthened 

□ The Ministry of Gender Equality and Family(“MOGEF”/Minister Chung Young-ai) announced that the amended 「Enforcement Rules of the Marriage Brokerage Business Management Act (hereafter referred as “Enforcement Rules”)」 are to enter into force on January 8 with focus on banning marking or advertising that infringes on human rights in the course of marriage brokerage and strengthening education for marriage brokers on multi-culture accommodation.

□ The amended Enforcement Rules prohibit marriage brokers from marking/advertising the relevant person’s facial features, height, or weight.

 ㅇ Violations are punishable with administrative measures as per Article 18 of the Act on the Regulation of Marriage Brokerage Agency, or imprisonment with prison labor for up to 3 years or fine of not more than 30 million won as per Article 26 of said Act. 

  * Administrative measures: 1-month business suspension for the first violation; 3 months’ business suspension for the second violation; revocation of (international) business registration for the third violation

 ㅇ To date, the local government (si, gun, or gu) has taken administrative steps like deletion of ads about a person’s physical appearance without the person’s consent, but said amendment enables positive management/supervision including administrative measures and indictment under the Criminal Act regardless of consent to the provision of his/her personal information by the person concerned. 

[Status of online ads on international marriage brokerage (source: MOGEF)](unit: cases)

ㅇ In addition, marriage brokers (including their employees) are now required to receive education concerning “cases infringing on human rights” and “understanding multicultural society” among others in connection with the need to enhance the level of human rights consciousness and multi-culture accommodation. 

□ Moreover, information that marriage brokerage businesses should put up at the homepage of MOGEF and local government includes the date of report/registration and their status of business (temporary closure or status of imposition of fine or administrative measures) in addition to the following:

  * (Items included in public disclosure under the previous regulation) Name of business/representative, location), status of administrative measures imposed over the past 3 years

 ㅇ ‘Child abuse crimes’ stipulated in the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes are now added* to the personal information that a user of an international marriage brokerage business and the other party are required to exchange with each other in connection with the need to strengthen the service users’ right to know.

  * Not only child abuse crimes stipulated in the Child Welfare Act but also violence against a child as stipulated in the Criminal Act are included in the information that should be exchanged with each other (Ref.: Subparagraph 4, Article 2 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes).

□ Commenting on the matter, Minister Chung Young-ai noted that marriage brokers’ ads commercializing sex are acts that seriously infringe on human rights of migrant women married to Korean men and become a cause of prejudice/discrimination against multicultural families.

 ㅇ “On the occasion of the enforcement of the amended Enforcement Rules, we at the MOGEF will do our best to improve the situation concerning such women’s human rights and enhance the level of accommodation of multiple cultures in our society,” she added.