What are the Legal Consequences of Fraudulent Marriage in South Korea?
Bo-ram Kim Managing Partner
Request a consultation1. Definition of Fraudulent Marriage
A fraudulent marriage, also known as sham marriage or fake marriage, refers to a fraudulent union where the primary intention is not to form a marital partnership, but rather to deceive public administration or the community for specific purposes.
These purposes may include obtaining apartment purchase eligibility, permanent residency, citizenship acquisition, or illegal stay. The marriage is registered falsely, without the genuine intent to establish a conjugal community.
2. Penalties for Fraudulent Marriage in the Republic of Korea
When a Fraudulent Marriage is discovered in South Korea, the consequences are twofold:
① Criminal Punishment for False Official Document Registration
Individuals who falsely register a marriage without genuine marital intent are subject to imprisonment or fines under Article 228 of the Criminal Act, which pertains to false entries in officially authenticated original documents.
It's worth noting that this provision applies not only to Fraudulent Marriages but also to other instances of false reporting, such as forging licenses or passports, that cause public officials to create inaccurate official documents.
② Revocation of Citizenship Acquired Through Fraudulent Marriage
Article 21 of the Nationality Act (Revocation of Permission, etc.) stipulates that those who obtain naturalization, reinstatement of nationality, or nationality retention judgment through fraudulent or other improper means may have their permission or judgment revoked. Consequently, individuals penalized for Fraudulent Marriages may face the additional consequence of losing their Korean citizenship.
Notably, the Ministry of Justice maintains a stringent stance on this issue, prioritizing the preservation of legitimate marriage practices even if citizenship revocation results in statelessness. This position is supported both internationally by the Convention on the Reduction of Statelessness and domestically through relevant Supreme Court decisions.
3. Removing Marriage Records from Fraudulent Marriages
Erasing marriage records resulting from a Fraudulent Marriage is only possible through a "Marriage Nullity Lawsuit". Such a lawsuit can be filed based on criminal complaints and conviction records for false entries in officially authenticated original documents.
For detailed information regarding marriage annulment lawsuits, please refer to the following links:
Marriage Nullity Lawsuit Cases
4. Relevant Legal Provisions and Supreme Court Precedents
Criminal Act Article 228 (False Entry in Officially Authenticated Original Document)
① A person who makes a false statement to a public official and thereby causes him to enter false information in an officially authenticated original document or in a special media record equivalent to it shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won (approximately $7,700 USD).
② A person who makes a false statement to a public official and thereby causes him to enter false information in a license, permit, registration certificate, or passport shall be punished by imprisonment for not more than three years or by a fine not exceeding 7 million won (approximately $5,400 USD).
Nationality Act Article 21 (Revocation of Permission, etc.)
① The Minister of Justice may revoke the permission for naturalization or reinstatement of nationality, or the judgment on retention of nationality of a person who has obtained such permission or judgment by deceit or other improper means.
② The standards and procedures for revocation under paragraph ① and other necessary matters shall be prescribed by Presidential Decree.
Enforcement Decree of the Nationality Act Article 27(1) (Standards and Procedures for Revocation of Permission, etc.)
① The Minister of Justice may revoke the permission for naturalization, reinstatement of nationality, or judgment on retention of nationality pursuant to Article 21 (1) of the Act for any of the following persons:
(1) A person who has been convicted of forging or altering documents certifying personal status or submitting forged or altered certification documents for the purpose of obtaining permission for naturalization, reinstatement of nationality, or judgment on retention of nationality;
(2) A person who has acquired the nationality of the Republic of Korea by marriage, adoption, etc., but has been convicted of the act of reporting, etc., which was the cause of the acquisition of nationality;
(3) A person for whom a judgment of nullity or cancellation has been finalized regarding the legal relationship that was the cause of acquisition of the nationality of the Republic of Korea;
(4) Other persons who have significant defects in the permission for naturalization, reinstatement of nationality, or judgment on retention of nationality.
5. Which Divorce Attorney Should You Consult With in Korea?
The attorney that other lawyers trust to handle their own divorce cases.
The attorney that opposing lawyers refer their own families to.
This is what Law Office Haeon is.
1) The Lawyers' Family Law attorney – Haeon
The fact that lawyers in Korea entrust their own or their family’s cases to Haeon is proof of our expertise. Even lawyers with no prior personal connection often come to us based on our established reputation within the legal community. We are the lawyers' family law attorney.
2) All Our Attorneys are Seasoned Professionals
Haeon's family law team consists entirely of senior attorneys who passed the bar exam between 2010-2012 and have years of experience practicing family law. This ensures our attorneys have the necessary expertise.
3) In-House CPA for Sophisticated Asset Valuation
Properly valuing a spouse's business interests is crucial in property division cases. However, only a handful of major law offices in Korea have in-house CPAs specializing in business valuation and forensic accounting - services that can cost millions or even tens of millions of won when retained separately.
Haeon Law Group is with in-house CPA who previously worked at SK, a top-3 conglomerate of Korea and KPMG Accounting Firm. Our CPA partner provides sophisticated valuation, fraud investigation and transaction advisory services at a reasonable cost to protect our clients' interests.
4) English Interpreter Ready
At Haeon, we have an in-house interpreter who previously served as an English interpreter for the ROK Army and U.S. Army, working alongside them on joint operations. Even if your Korean language skills are limited, making it difficult to fully explain your situation, our interpreter ensures you can communicate seamlessly during your consultation. We bridge the language gap so you can get the legal guidance you need.
In times of crisis, everyone claims to be the best. But the truly superior attorney proves it through results. Haeon has the sophisticated expertise to deliver what you need.
