다문화가족 시대의 결혼중개업법 개선방안

The Marriage Brokerage Act is a grounding norm that mediates the formation of multicultural families. When it comes to immigration laws, the Immigration Control Act, the Nationality Act, the Multicultural Family Support Act, the Framework Act on Foreigners Treatment in Korea, the Employment of Foreign Workers Act, and the Refugee Act are often treated as important legal norms. In relation to marriage brokerage, businesses and workplaces that have domestic and international marriages as their activities are subject to normative control through the Marriage Brokerage Act. In particular, marriage immigrant women who enter Korea are given the task of adapting to the new social environment, and for many marriage immigrant women, getting proficient in life in Korea is scattered with major adaptation tasks that they must complete. The current law imposes an obligation on international marriage brokers to translate the personal information of users and the other party of the marriage brokerage with the country's notarization and provide it in writing to the parties (users and counterparties), and the enforcement decree of the same law stipulates when personal information is provided to the parties and the meeting is arranged if all parties agree to the meeting. Due to the spread of international marriages, some of the personal information data are frequently difficult to provide before the meeting is arranged, as the nationality of marriage brokerage parties varies and administrative procedures vary by country. In practice, meetings are arranged with the consent of the other party, but there are cases in which users use this as an excuse to abuse it, such as suing international marriage brokers, so it is necessary to prepare countermeasures. If it is difficult to provide personal information before the meeting is arranged due to the reasons prescribed by the Ministry of Gender Equality and Family, the government should form a healthy international marriage brokerage culture by allowing the parties to adjust the timing of the meeting. In order to prevent human rights violations of the other party in the international marriage brokerage process, it is necessary to add the other party of the marriage brokerage business to the purpose clause, lay the groundwork for criminal history inquiry to confirm the reasons for disqualification of marriage brokers, add workers in the marriage brokerage business to the application of the prohibited business, and add the other party of the name loan and the person who mediated the name loan to the prohibited business. In addition, by adding sex crimes against children and adolescents to criminal records while providing personal information, the Minister of Gender Equality and Family should provide a basis for regular monitoring of marriage brokerage using the Internet. Finally, if a person who wants to report a domestic marriage brokerage business is required to complete education before reporting, if he or she wants to report a domestic marriage brokerage business or register an international marriage brokerage business, the training period should be one year, and marriage brokers and their workers should receive remuneration training every two years. Whether it is a multicultural policy or an immigration policy, the social problems of marriage immigrants, which are an important part of Korea, are important matters that will have a significant impact on the present and future of Korea. Although it belongs to the private and personal realm of the fact that marriage, a policy direction must be established that considers practical and normative issues, whether it is the state's basic immigration policy or multicultural policy, on whether to encourage or restrict it to some extent. Through the cause, progress, and social evaluation of marriage immigrants' international marriage, the problem of marriage immigrants cannot help but consider the important judgment of multicultural policy as to how far the state's role is. Due to the direct cause of marriage brokerage, marriage brokerage by international marriage brokers for certain profit should be included in the current law on the management of marriage brokerage business as a normative area, and at least not allowed as a violation, but problems occurring in Korea should be revised in the social phenomenon and normative area.