The Dangers of Fake Marriages in South Korea
In South Korea, there have been numerous instances where individuals have resorted to ‘fake marriages’ to obtain residency permits. A recent case is a prime example of this troubling trend. Three individuals involved in a fraudulent marriage registration to assist a Thai national woman were all sentenced to fines.
Defendant A met a Thai individual, C, through his Thai wife, who was illegally residing in South Korea. A offered C a proposition: for 20 million won, he would facilitate a marriage registration with a Korean man so C could secure a visa. C accepted the offer. Following that, A approached a Korean acquaintance, B, and proposed, “If you do a sham marriage with a foreign woman, I will pay you 5 million won.” B agreed, and thus, the trio colluded to acquire residency via a fraudulent marriage.
On September 4, 2017, the defendants submitted a marriage registration at the Gwangju Gwangsan-gu Office, despite having no genuine intention of marrying. As a result, the official, unaware of the ruse, entered false information into the official public records system (Family Relationship Registration System). This ultimately led to the crime of ‘false entries and usage of public records’ under Articles 228 and 229 of the Criminal Act.
Subsequently, they submitted falsified marriage certificates and resident registration documents to the Gwangju Immigration Office on three separate occasions (December 12, 2018, December 18, 2019, and November 12, 2021) to extend C’s residency period. This clearly violated Articles 94, 17-2, and 26 of the Immigration Control Act.
The court handed down penalties as follows:
- Defendant A: 10 million won fine
- Defendant B: 10 million won fine
- Defendant C: 6 million won fine
Failure to pay the fines would result in detention at a labor facility for one day for every 100,000 won owed. The court stated, “Fake marriages and false registrations undermine the credibility of the family registration system and create significant chaos in national immigration management,” deeming the offense serious. However, they took into account that the defendants acknowledged their crimes and showed remorse, thus opting for fines rather than harsher penalties.
This case carries serious implications as it goes beyond merely ‘sham marriages’—it represents fraudulent activities that exploit public record systems. Illegally acquiring foreign residency status is a criminal offense, and those who facilitate or assist in this process can also face prosecution as accomplices.
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