@article{ref1,
title="A study on the situation of marital migrant women's rights and the related laws and institutions in Korea",
journal="Chosun law journal",
year="2009",
author="So, Rami",
volume="16",
number="2",
pages="43-74",
abstract="The statistical data demonstrates a rapid increment in the portion of international marriage in Korea since 2000. International marriages of foreign women with Korean men take absolutely large portion of whole cases of international marriage (the feminization of marital migration), and especially the number of Vietnamese brides has evidently increased. A swift augmentation of international marriage with Vietnamese women attributes to the &quot;International marriage subsidy program for farmers and fishermen (hereafter, the Program)&quot; led by local governments and the role of international marriage brokerage system. In order to induce as many Korean men as possible, brokers employ a variety of media, both online and offline, such as banners, newspaper advertisements, internet web site and so forth. In this process, sexually and racially discriminatory advertisements are prevalent. No information on husband is provided to a foreign bride until the moment that she is finally selected by a Korean husband. Even though a brief profile of husband is provided after a bride has been selected, in many cases, such information is not correct. During the meeting, one Korean man chooses one woman among about 100 to 200 candidates, which is very much like a beauty contest. Current process of international marriage brokerage holds &quot;human-trafficking&quot;character as being defined in international law. The brokering process is composed of recruiting, accommodating, managing and controlling women and transferring them through an organized network. As a result, in many cases, women are compelled to marry the partner against their own will. As of June 2007, the Program is currently in operation in 3 metropolitan cities and 60 cities and counties. Especially, 24% of 246 local governments nationwide are implementing this policy. Among 59 cities and counties, 54 local governments have allocated much more budget, for a certain case as 38 times more at most, on the subsidy for international marriage than on the supplementary living allowance for settlement support of marital migrant woman and her family. The Program results in guaranteeing profits to brokers. The violation of human rights of migrant women at this moment is in a grave situation due to the provision of incorrect information on partner and the commercialization of women. Nevertheless, local governments are rather encouraging international marriage that takes on a human trafficking character than regulating brokering agencies that infringe human rights. The government shall devise a strong criminal punishment law against human rights-violative practices performed by international marriage brokerage in order to regulate, prosecute and punish such practices occurring on the border of human trafficking and migration. By imposing a heavy punishment, it is possible to develop a transparent and human rights-friendly procedure of international marriage brokerage. A more fundamental countermeasure shall be prepared to eradicate the human trafficking-like international marriage and to protect the human rights of migrant women. As the fundamental measure, the Protocol shall be firstly ratified, and the ratified Protocol should provide a legal base for making a domestic law to prevent human trafficking. </p>     <p>Language: ko</p>",
language="ko",
issn="1738-1363",
doi="",
url="http://dx.doi.org/"
}