Article 1(Purpose) #
The purpose of this Rule is to define matters delegated by the Act on Regulation of Marriage Brokerage Agency and the Enforcement Decree of the same Act and matters necessary for their enforcement.
Article 2(Report of a domestic marriage brokerage business) #
(1) A person intending to make a report on a domestic marriage brokerage business under Article 3, Paragraph 1 of the Act on Regulation of Marriage Brokerage Agency (hereinafter the "Act") shall fill out the attached form 1, a report form (including a report form in an electronic document), and submit with the documents under each of the following subparagraphs to the competent mayor (including administrative mayors under the Special Act on the Establishment of the Jeju Special Self-Governing Province and the Promotion of the Jeju Free International City, the same applies hereinafter), county governor, or gu district head (referring to the heads of autonomous gu districts, the same applies hereinafter) of the area where the principal brokerage office is located. In this case, if there are two or more brokerage offices, such report shall be made for each office:
1. Articles of incorporation (Required only for corporations);
2. If the reporting person (executive of a corporation) is a foreigner, a document that proves any subparagraph of Article 6 of the Act does not apply and is issued by the government of his/her country or other agencies with authority OR a statement to the same effect which is written by the reporting person, notarized by a notary, and confirmed by a consulate of the Republic of Korea legation in the corresponding country according to the Act on Notarial Acts Done at Overseas Diplomatic and Consular Missions;
3. List of the employees; and
4. Documentation that proves subscription to guarantee insurance or deposit of money at a financial institution under Article 25 of the Act. This submission may be omitted when the guarantee insurer or financial institution (hereinafter the "guaranteeing institution") has directly given notice of such a guarantee to the head of si (city)/gun (county)/gu.
(2) The responsible official receiving the report form under Paragraph 1 shall, instead of receiving a copy of the business registration certificate or certified copy of the corporation register (only for corporations), check its content through joint use of administration information under Article 21, Paragraph 1 of the Electronic Government Act. If the reporting person does not agree to this, he/she shall have the reporting person directly submit the document.
(3) When receiving the report under Paragraph 1, the head of si/gun/gu shall issue the attached form 2, a report certificate, without delay, and shall make an entry thereof into and manage the attached form 3, a management register of reports and registrations (including electronic documents).
(4) If there is a brokerage office in two or more cities (including administrative cities under the Special Act on the Establishment of the Jeju Special Self-Governing Province and the Promotion of the Jeju Free International City, the same applies hereinafter), counties, or gu districts (referring to autonomous gu districts, the same applies hereinafter), the head of si/gun/gu receiving a report under Paragraph 1 shall send the report within ten days to the competent head of si/gun/gu where the branch office is located. The competent head of si/gun/gu of the brokerage offices may request cooperation from each other regarding the guidance and supervision of the offices.
(5) The head of si/gun/gu receiving a cooperation request under Paragraph 4 shall respond to it unless there is a special reason not to do so.
Article 3(Report of a change) #
(1) The "important matters determined by an Ordinance of the Ministry for Health, Welfare and Family Affairs" in the latter part of Article 3, Paragraph 1 of the Act shall refer to the matters of the following subparagraphs:
1. Trade name of the brokerage office;
2. Number of brokerage offices;
3. Location(s) of the brokerage office(s);
4. Representative and employees of the brokerage office(s);
5. Representative and executives of the corporation (only for corporations); and
6. Matters on guarantee insurance or deposit under Article 25 of the Act.
(2) A party intending to report a change according to the latter part of Article 3, Paragraph 1 of the Act shall submit the attached form 4, a report form for a change (including a report form for a change in an electronic document) with the documents under each of the following subparagraphs to the head of si/gun/gu:
1. Report certificate; and
2. Document substantiating the change.
(3) The responsible official receiving a report form for a change under Paragraph 2 shall, instead of receiving a copy of the business registration certificate or certified copy of the corporation register (only for corporations), check its content through joint use of administration information under Article 21, Paragraph 1 of the Electronic Government Act. If the requesting person does not agree to this, he/she shall have the requesting person directly submit the document.
(4) The head of si/gun/gu receiving a report of a change under Paragraph 2 shall change the report certificate and issue or reissue it. In this case, if the report of a change is about changing the locations of brokerage offices in different cities/counties/districts according to Paragraph 1, Subparagraph 3, he/she shall receive all the report documents as stipulated in Article 2, Paragraphs 1 and 3 from the competent head of si/gun/gu of the brokerage office in the previous location to make records and manage them.
Article 4(Registration of an international marriage brokerage business) #
(1) A person intending to make a registration on an international marriage brokerage business under Article 4, Paragraph 1 of the Act shall fill out the attached form 5, a registration application (including a registration application in an electronic document) and submit with the documents under each of the following subparagraphs to the competent special metropolitan city mayor, metropolitan city mayor, province governor or Jeju Special Self-Governing Province governor of the area where the principal brokerage office is located (hereinafter the "mayor and governor"). In this case, if there are two or more brokerage offices, such application shall be made for each office:
1. Articles of incorporation (required only for corporations);
2. If the requesting person (executive of a corporation) is a foreigner, a document that proves any subparagraph of Article 6 of the Act does not apply and is issued by the government of his/her country or other agencies with authority OR a statement to the same effect which is written by the requesting person, notarized by a notary, and confirmed by the a consulate of the Republic of Korea legation in the corresponding country according to the Act on Notarial Acts Done at Overseas Diplomatic and Consular Missions;
3. List of the employees;
4. Document that testifies that a brokerage office is secured in the building indicated in the building register;
5. Copy of a certificate for receiving education under Article 24 of the Act; and
6. Document that proves subscription to guarantee insurance or deposit of money at a financial institution under Article 25 of the Act. This submission may be omitted when the guaranteeing institution has directly given notice of such a guarantee to the mayor and governor.
(2) The responsible official receiving a registration application under Paragraph 1 shall, instead of receiving a copy of the business registration certificate or certified copy of the corporation register (only for corporations), check its content through joint use of administration information under Article 21, Paragraph 1 of the Electronic Government Act. If the requesting person does not agree to this, he/she shall have the requesting person directly submit the document.
(3) The mayor and governor receiving a registration application under Paragraph 1 shall issue the attached form 6, a registration certificate, without delay and make an entry thereof into and manage the attached form 3, a management register of reports and registrations (including electronic documents).
(4) If there is a brokerage office in two or more special metropolitan cities, metropolitan cities, provinces or the Jeju Special Self-Governing Province (hereinafter "cities/provinces"), Article 2, Paragraphs 4 and 5 shall apply regarding notification of registration details among the mayors and governors and other matters.
Article 5(Registration of a change) #
(1) The "important matters determined by an Ordinance of the Ministry for Health, Welfare and Family Affairs" in the latter part of Article 4, Paragraph 1 of the Act shall refer to the matters under each subparagraph of Article 3, Paragraph 1.
(2) A party intending to register a change according to the latter part of Article 4, Paragraph 1 of the Act shall submit the attached form 4, a request form for a change (including a request form in an electronic document) with the documents under each of the following subparagraphs to the mayor and governor:
1. Registration certificate; and
2. Document substantiating the change.
(3) The responsible official receiving a request form for a change under Paragraph 2 shall, instead of receiving a copy of the business registration certificate or certified copy of the corporation register (only for corporations), check its content through joint use of administration information under Article 21, Paragraph 1 of the Electronic Government Act. If the requesting person does not agree to this, he/she shall have the requesting person directly submit the document.
(4) The mayor and governor receiving a request for a change under Paragraph 2 shall change the registration certificate and issue or reissue it. In this case, if the request for a change is about changing the locations of brokerage offices in different cities/provinces, he/she shall receive all the registration documents under Article 4, Paragraphs 1 and 3 from the competent mayor and governor of the brokerage office in the previous location to make records to and manage them.
Article 6(Reissuance of a report certificate or registration certificate) #
If the report or registration certificate is lost or too worn out to use and the marriage broker wishes to have it reissued, he/she shall submit the attached form 7, a reissuance request for the report certificate or registration certificate (including a request in an electronic document), with the documents under each of the following subparagraphs to the mayor and governor or head of si/gun/gu:
1. A letter explaining the reason if the report or registration certificate is lost; and
2. The report or registration certificate if it is too worn to use.
Article 7(Report of business suspension, cessation, and resumption) #
(1) When a marriage broker intends to suspend (including cases where a report or registration of a marriage brokerage business is made but the business does not go into operation, the same applies hereinafter) or quit the business or resume it after suspension according to Article 5 of the Act, he/she shall submit in advance the attached form 8, a report form of the suspension, cessation, or resumption with the documents under each of the following subparagraphs to the mayor and governor or head of si/gun/gu:
1. Original copy of the report or registration certificate;
2. A copy of measures for the users (excluded when resuming the business); and
3. A copy of each of the list of employees and members under each paragraph of Article 11 (only for closing down the business).
(2) When receiving a report on the resumption of a marriage brokerage business under Article 1, the mayor and governor or head of si/gun/gu shall immediately return the report or registration certificate to the corresponding marriage broker.
Article 8(Display of the report certificate, etc.) #
(1) The "matters determined by an Ordinance of the Ministry for Health, Welfare and Family Affairs" under Article 8, Paragraph 1 of the Act shall refer to a guarantee insurance certificate or deposit certificate.
(2) Marriage brokers shall ensure users can easily see the pertinent matters to be displayed as per Article 8, Paragraph 1 of the Act by attaching them according to the size and characteristics of the brokerage office or in other ways.
(3) The "matters determined by an Ordinance of the Ministry for Health, Welfare and Family Affairs" under Article 8, Paragraph 2 of the Act shall refer to the matters under each of the following subparagraphs:
1. Trade name and representative name;
2. Report number or registration number;
3. Business registration number;
4. Address and telephone number of the brokerage office(s);
5. Tables of marriage brokerage fees, membership fees, etc.;
6. Use agreement; and
7. Claim procedures of compensation for damages based on the guarantee insurance or deposit money.
(4) Marriage brokers operating a Web site shall post the matters of each paragraph of Paragraph 3 on the initial page so that users can easily find them according to Article 8, Paragraph 2 of the Act. The matters referred to in Paragraph 3, Subparagraphs 5 to 7 may be posted in a way that allows users to see them in connected screens.
Article 9(Safekeeping period of marriage brokerage contracts) #
The "period determined by an Ordinance of the Ministry for Health, Welfare and Family Affairs" under Article 10, Paragraph 3 of the Act shall refer to three years.
Article 10(Scope of false and exaggerated claims and advertisements, etc.) #
The scope of false and exaggerated claims and advertisements under Article 12, Paragraph 3 of the Act shall be that of the attached table 1. In this case, claims shall refer to notices at the brokerage office and other locations, or to information written or attached to membership cards and others to publicize the marriage brokerage service to users. Advertisements shall refer to publicizing or otherwise transmitting to the public information on the marriage brokerage service through periodic publications, Internet newspapers, broadcasting, electric telecommunications or other methods.
Article 11(Maintenance of registers, etc.) #
Marriage brokers shall maintain registers and ledgers under each of the following subparagraphs, and shall maintain them for three years according to Article 14 of the Act. Nevertheless, if the forms of registers and ledgers are inappropriate for the corresponding business, they may change them by obtaining the approval of the mayor and governor or head of si/gun/gu:
1. List of the employees in the attached form 9; and
2. List of the members in the attached form 10.
Article 12(Standards of administrative measures) #
The detailed standards of the administrative measures under Article 18, Paragraph 2 of the Act shall be that of the attached table 2.
Article 13(Return of the report certificate, etc.) #
(1) A party intending to return the report or registration certificate according to Article 5 of the Enforcement Decree of the Act on Regulation of Marriage Brokerage Agency shall return it within seven days of the date when the disposition of business suspension or registration cancellation has been received.
(2) In the event that a disposition of business suspension or registration cancellation is received according to Article 18, Paragraph 1 of the Act and a corporation that has been engaged in the marriage brokerage business is liquidated, the person who used to be the representative of the corporation shall return the report or registration certificate within seven days of the date when the disposition was received.
Article 14(Register of administrative measures and hearings) #
When taking administrative measures per Articles 18 and 19 of the Act and holding a hearing under Article 20 of the Act, the mayor and governor or head of si/gun/gu shall make an entry thereof into and manage the attached form 11, a register of administrative measures and hearings.
Article 15(Fee) #
The fee amounts as stipulated in Article 22 of the Act shall be the same as indicated under each of the following subparagraphs. In this case, the fees shall be paid in the form of revenue stamps from the corresponding local government:
1. Report of a domestic marriage brokerage business or report of a change
(a) Business report (new business)：30,000 won
(b) Change report：20,000 won
(c) Reissuance of the report certificate：5,000 won
2. Registration of an international marriage brokerage business or registration of a change
(a) Business registration (new business)：30,000 won
(b) Change registration：20,000 won
(c) Reissuance of the registration certificate：5,000 won
Article 16(Content of education, etc.) #
(1) If the Minister of Health, Welfare and Family Affairs or the mayor and governor delegates education to a corporation or group according to Article 24, Paragraph 1 of the Act, the delegated party, content of the delegated education, etc. shall be announced to the public.
(2) The "reasons determined by an Ordinance of the Ministry for Health, Welfare and Family Affairs" under Article 24, Paragraph 3 of the Act shall refer to natural disaster, the concerned person falling ill or getting involved in an accident, an overseas business trip, and other cases where parties intending to engage in the international marriage brokerage business cannot receive education.
(3) The content, methods, and times of education for international marriage brokers conducted by the Minister of Health, Welfare and Family Affairs or the mayor and governor under Article 24, Paragraph 4 of the Act shall be as delineated in the attached table 3.
(4) Other details necessary for education shall be determined by the Minister of Health, Welfare and Family Affairs.