The Issue of Fake Marriages for Residency in Korea
In South Korea, instances of foreigners exploiting “fake marriages” to obtain residency permits have become somewhat commonplace. This particular case is yet another example of that trend. Three individuals were recently fined for submitting false marriage registration documents to assist a Thai national woman in her efforts to secure residency.
The Scheme Unfolds
Defendant A met a Thai individual, C, through his Thai wife, who was residing illegally in Korea. A proposed to C that he could arrange a marriage registration with a Korean man in exchange for 20 million won, and C accepted the offer. A then approached an acquaintance, a Korean man named B, proposing to pay him 5 million won for the facade of marrying a foreign woman. B agreed, and this trio set about orchestrating a fraudulent marriage to help C obtain legal residency.
On September 4, 2017, these defendants submitted a marriage registration form at the Gwangju Gwangsan District Office, despite having no genuine intention to marry. Unbeknownst to the office staff, false information was recorded in the official family relationship database. Consequently, they were charged with falsification of public electronic records under the relevant provisions of the Criminal Code.
Extending Residency Through Fraud
Subsequently, they submitted false 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 permit. This action clearly violated several articles of the Immigration Control Act.
Court Sentencing and Implications
The court handed down the following penalties:
- Defendant A: a fine of 10 million won
- Defendant B: a fine of 10 million won
- Defendant C: a fine of 6 million won
Failure to pay these fines could result in a day’s worth of community service for every 100,000 won owed. The court asserted that fake marriages and false registrations undermine the integrity of the family registration system and severely disrupt national immigration management functions. Nonetheless, it considered the defendants’ acknowledgment of their actions and remorse, opting for fines instead of harsher penalties.
A Serious Breach of Trust
This incident highlights the seriousness of not just “fake marriages,” but also the fraudulent use of public record systems to deceive authorities. Engaging in deceitful practices to obtain residency permits is a criminal offense, and individuals aiding or facilitating such activities, including Korean nationals, face similar legal repercussions.
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