국제결혼제도 개선방안에 관한 연구 - 미국의 법제를 중심으로 -

According to Korea’s current international marriage system, the foreign spouse of an international marriage while staying overseas must go through the marriage registration process by the Korean spouse. The reality is that a foreign spouse can only find out information about the Korean spouse’s living environment after marriage by entering Korea. The fact that a foreign spouse can only find out important matters that can influence the decision to get married after marriage by entering Korea is a potential source of conflict in marriage. In fact, if a foreign spouse is denied entry into the country, there is a risk of human rights violations due to the absurdity that a married couple recognized by domestic law of Korea cannot live together in marriage. This article discusses the most urgent ways to improve the international marriage system to protect foreign spouses and maintain healthy international marriages by focusing on the U.S. legal system. In details, chapter II introduces the U.S. family relationship registration system and international marriage immigrant settlement support system. Chapter III briefly examines international marriage-related laws in Korea. Chapter IV discusses problems with Korea’s current international marriage system and suggests improvement measures in the three areas below. First of all, as a matter of providing personal information, in order for foreign spouses to be provided with accurate personal information about their Korean spouses, which can influence their choice of marriage partner, this article propose the following four improvement measures. First, by mandating international marriage brokers to provide the foreign spouse who is a party to an international marriage with the personal information of the Korean spouse that may influence the selection of a marriage partner, domestic violence that occurs against a foreign spouse who is married or engaged to a Korean spouse is prevented. Second, because the personal information of the parties involved in an international marriage is very sensitive information to each individual, it is reasonable to directly stipulate in the Marriage Brokerage Act that the parties to an international marriage are also required to prohibit the disclosure of personal information about the other party. Third, it imposes civil and criminal liability for non-disclosure of personal information and duty of care on international marriage brokers. Fourth, it is to make public institutions responsible for the personal information of international marriage parties. Next is the problem area related to the domestic immigration visa system. If the U.S. fiancé visa (K1) system is introduced, it would be reasonable to use the fiancé visa system to enter the country and complete the marriage ceremony and marriage registration after sufficiently exchanging information and building trust between the prospective spouses. Lastly, there is the area of support for the settlement of international marriage immigrants. In Korea, it is necessary to introduce a one-stop career center system supported by the Arkansas Department of Labor to provide service support such as language education, legal support, vocational education, and naturalization information to immigrants through international marriages. In addition, if the court interpretation agency system under the U.S. state courts is introduced in Korea, when a married immigrant files a lawsuit over a green card or divorce issue, she can request free interpretation provided by the court and translate into the foreign spouse’s own language to facilitate the litigation process.