Gist of Complaint
The complainant, known as Kim, began courtship with the Korean-Chinese, known as Oh, in about June 2001. They have been living together since November 2001. The victim, who was an illegal alien, voluntarily reported her stay to the respondent on August 30, 2002 for the purpose of getting married legally. After paying a fine of KRW1.5 million, the victim received an order to depart from the Republic of Korea. In compliance with the order, the victim left the country on September 3, 2002. After her departure, the complainant and victim reported their marriage in China on November 13, 2002 and in the Republic of Korea on November 14, 2002. However, the respondent prohibited the victim from entering the Republic of Korea for five years on grounds of her previous illegal stay in the country, which is deemed unreasonable.
Determination and Action by the Commission
The respondent's prohibition of the victim from entering the Republic of Korea for five years is seen to be in conflict with the government's obligation to accord protection and assurance to the family as provided by the Constitution of the Republic of Korea and international covenants. Given the facts that the complainant and victim voluntarily reported the victim's illegal stay for their marriage and paid a fine prior to the victim's departure and that the complainant has visited the victim's country several times to date to maintain their marriage, it is deemed reasonable to allow them to maintain their marriage in a normal manner by lifting the ban on the victim's entry into the country, as this would be in accordance with a humanitarian spirit. In September 2003, the Commission recommended that the Minister of Justice, the head of the supervisory authority of the respondent, lift the ban on the victim's entry into the country.
