F-6 and E-7 Visas in South Korea: A Complete Guide

By PeachFiv, November 1, 2025

💍 Marriage Immigration (F-6 Visa)

1. Definition

Defined under the Framework Act on Treatment of Foreigners in Korea:
- A foreigner married to or previously married to a Korean national and legally residing in Korea.
Also referenced in the Multicultural Family Support Act, which includes:
- Marriage migrants (F-6)
- Naturalized citizens (through marriage)
- Their family members
Thus, “multicultural family” may include both foreigners and Korean nationals.

2. Legal Status

▪ As a Foreigner

Covered by the Framework Act on Treatment of Foreigners.
Entitled to:
- Korean language and cultural education
- Support for children’s education and healthcare
- Assistance for social adaptation

▪ Social Integration Program (사회통합프로그램)

Managed by the Ministry of Justice.
Provides Korean language, culture, and civic education.
Completion gives preferential consideration for:
- Visa issuance,
- Residency upgrades,
- Naturalization applications.

3. As a Spouse of a Korean National (F-6 Visa)

Must apply for F-6 (marriage migrant) visa for residence.
Requires:
- Invitation letter, sponsor’s guarantee, criminal record, medical check, and for certain countries, pre-marriage education certificate.
The Ministry of Justice examines genuineness of marriage and stability of living conditions:
- Authentic relationship,
- No prior serial sponsorships,
- Income above minimum standard (based on national median income),
- Adequate housing,
- Health and language capability of applicant.
If rejected:
- May reapply after 6 months, except in urgent cases (e.g., childbirth).
- Supreme Court (2018두42506): Foreigners have no legal right to appeal visa rejections.

💍 International Marriage (F-6 Visa)

🧾 1. Screening of Marriage Visa (F-6) Applicants

When a Korean national invites a foreign spouse for a marriage visa, the immigration office checks not only the authenticity of the marriage but also the Korean sponsor’s background, including any criminal record.

🔹 Screening Standards for the Korean Sponsor

The F-6 visa may be denied if the sponsor has a criminal record involving:

Domestic Violence under the Special Act on the Punishment of Domestic Violence Crimes:
- Visa may be denied unless at least 10 years have passed since:
  - End of imprisonment, probation, or fine judgment, or
  - Termination/cancellation of protection or restraining orders.
Sexual Crimes against Minors (Act on the Protection of Children and Juveniles from Sexual Abuse):
- Visa can be considered only if 10 years have passed since the end of punishment (imprisonment, probation, or fine).
Sexual Violence Crimes, Murder, or Serious Crimes:
- Same 10-year rule applies from the completion of sentence or probation.
False Marriage Registration (Criminal Act Art. 228 – False Public Document Entry):
- Must be at least 5 years since conviction or end of punishment.

If the visa is refused, re-application is allowed after 6 months, unless there are urgent humanitarian circumstances (e.g., childbirth).

🪪 2. Residence Status (F-6) and Employment

(1) Types of F-6 Status

F-6-1: For legal spouses of Korean nationals (marriage registered in Korea).
- Common-law partners are not eligible.
F-6-2: For a foreign parent raising a child born to a Korean spouse, including children born from de facto marriages.
F-6-3: For foreign spouses whose Korean partner died, disappeared, or where the marriage ended without their fault.

(2) Humanitarian Stay for Divorced or Overstaying Spouses

The Minister of Justice may grant special residence permission for divorced or undocumented marriage migrants on humanitarian grounds, especially if they are caring for children or are victims of abuse.

(3) Extension or Change of Status

Initial stay: 1 year, extendable before expiry.
Visa may be changed domestically in certain cases (e.g., pregnancy, childbirth, long-term residence).
Work permission:
- F-6 visa holders may freely work without additional work permits.
- Those married to Koreans for 2+ years may apply for permanent residency (F-5).

👨‍👩‍👧 3. Multicultural Family Member Status

A “multicultural family” includes:
- A Korean national and a foreign spouse, or
- A naturalized citizen and their Korean family.
Legal basis: Multicultural Family Support Act.

🇰🇷 4. Acquisition of Korean Nationality

(1) Simplified Naturalization for Marriage Migrants

Based on Nationality Act Article 6:

Can apply for simplified (spousal) naturalization if:
- Married to a Korean and living in Korea for 2+ consecutive years, or
- Married for 3 years total and residing in Korea for 1+ year continuously.

(2) In Case of Divorce or Spouse’s Death

Still eligible if the marriage ended without fault (e.g., spouse’s death, disappearance, abuse).

(3) Raising a Minor Child

Even if marriage ended early, naturalization is allowed if raising a child born from the marriage.

(4) Dual Citizenship

Generally, naturalized citizens must renounce previous nationality.
Exception: marriage migrants can keep dual nationality if they pledge not to exercise foreign citizenship rights in Korea.

⚖️ Legal Relations in Multicultural Families

1. Key Features

Family registration and nationality status must be processed consistently nationwide.
Although administrative rules (guidelines, circulars) lack full legal force, they are binding on officials in practice.

2. International Marriage Law

(1) Validity of Marriage

A valid international marriage must meet:
- Substantive conditions: Each party satisfies marriage requirements under their own national law.
- Formal conditions: Marriage must follow either:
  - Law of the place of celebration, or
  - Law of one party’s nationality.
If marriage is held in Korea, it becomes valid once registered under Korean law (Civil Act Art. 812).

(2) False (Sham) Marriages

Marriages lacking genuine intent (for visa/nationality gain) are legally void.
Once determined as fraudulent (e.g., false public record), registration can be corrected with family court approval (Family Register Act Art. 105).

👶 3. Legal Status of Children from International Marriages

(1) Within Marriage

Paternity follows the father’s national law at the time of birth (Private International Law Art. 40).
A child born during marriage to a Korean father or mother is presumed legitimate and acquires Korean nationality at birth (Nationality Act Art. 2).

(2) Out of Wedlock

Determined by mother’s national law at time of birth.
If the father acknowledges (recognizes) the child, paternity is established retroactively, and nationality may be acquired via acknowledgment registration (Nationality Act Art. 3).

(3) Adoption

Governed by the adoptive parents’ national law (Private International Law Art. 43).
If a Korean adopts a foreign spouse’s child, Korean Civil Code applies, but the child’s home country law may also require consent or additional conditions.

💔 4. Breakdown of International Marriages (Divorce)

(1) Applicable Law

Divorce law follows the same “connecting rules” as marriage validity (Private International Law Arts. 37–39):
- Common nationality law → common residence law → law most closely connected.
If one spouse resides in Korea and is Korean, Korean law generally applies.
Exception: when the foreign spouse’s national law forbids divorce (e.g., Philippines), courts may still apply Korean law on public policy grounds to allow divorce.

(2) Procedures

Divorce is processed through Korean Family Court.
Foreign divorces must be formally reported for recognition in Korea.
Korea does not recognize foreign informal divorces unless registered according to domestic procedure.

(3) Fault and Compensation

Korea follows the fault-based system, but exceptions exist where fairness requires allowing divorce to the “guilty” spouse.
Foreign spouses may claim alimony and damages under Korean Civil Code (viewed as tort damages).
The same rules apply to de facto (common-law) marriages.

(4) Child Custody and Support

Custody and support issues are decided under Korean law if the child resides in Korea.
Retroactive child support and direct payment orders are available.
International child abduction cases (one parent taking a child abroad without consent) are increasing and treated seriously under both domestic and international law.

📜 5. Marriage Registration and Required Documents

(1) General Rule

Marriage becomes valid upon registration with the family registry (Civil Act Art. 812).

(2) Documents Required (when a foreigner is involved)

Certificate of legal capacity to marry (from foreign authority), with notarization, legalization, or Apostille.
Passport / ID copies of both spouses.
Marriage report form (two witnesses if filed in Korea).
If marriage first registered abroad → must be reported in Korea within 3 months.

(3) Country-Specific Notes

China: Requires non-marriage certificate + authentication by Chinese MOFA.
Vietnam: Requires “Certificate of No Impediment to Marriage” from Vietnamese Embassy.
Philippines: Requires LCCM (Legal Capacity to Contract Marriage) from Philippine Embassy.
Cambodia: Marriage valid only by certificate (documented form).

✅ Summary of Core Principles

Area	Key Takeaways
F-6 Visa	Granted for genuine marriages; background checks on Korean sponsor’s crimes.
Residency & Work	F-6 allows free employment; convertible to F-5 permanent residence.
Nationality	Spouse may gain Korean nationality via simplified naturalization.
Children	Birth or acknowledgment determines nationality; adoption rules depend on both laws.
Divorce	Governed mainly by Korean law when one spouse resides in Korea.
Fraudulent Marriages	Void; registration can be corrected through court.
Marriage Registration	Valid only after filing; documents differ by partner’s nationality.

💍 Marriage Registration and False Marriages

1. ⚖️ Validity of International Marriage

A marriage between a Korean and a foreigner is recognized only if registered under Korean law.
A marriage recognized solely under the foreign spouse’s national law does not qualify for F-6 visa purposes.
The Ministry of Justice later instructed consulates to issue F-6 visas once Korean registration is complete, even if the foreign country’s registration is pending.
(Some embassies, however, still request both.)

2. 🚫 False or “Sham” Marriages

If no genuine intent to live as a couple exists and the purpose is merely to gain entry or nationality, the marriage is void under Civil Act Article 815(1).
Courts must carefully determine whether:
- There was no real intent from the beginning, or
- The couple later abandoned their marital relationship.
Lack of effort or poor relationship later does not automatically mean the marriage was fake.

3. 🧾 Legal Effects of a Valid Marriage

Once legally recognized:
- Couples become spouses in status and owe mutual support, cohabitation, and fidelity.
- Property relations are governed by default marital property law unless a separate contract exists.
- Minors who marry are legally treated as adults under Korean law.

🇰🇷 Marriage Documentation with Vietnam (Example Case)

The 2022 Ministry of Justice guideline details how marriages between Koreans and Vietnamese are processed:
- Both sides must meet legal age (men ≥ 20, women ≥ 18).
- Required documents include:
  - Korean: passport, resident record, health & criminal check, marriage certificate (translated into Vietnamese).
  - Vietnamese: ID, birth certificate, family register, health check, certificate of marital status.
- Marriages conducted in Vietnam must be reported to a Korean embassy or local registrar within 3 months.

🪪 F-6 Visa and Residence Qualification

1. Overview of F-6 Visa

F-6 is the marriage migrant visa for foreigners married to Korean citizens.
It allows free employment and is eligible for permanent residence (F-5) after 2+ years in Korea.
Three sub-types:
1. F-6-1: Spouse of a Korean national.
2. F-6-2: Parent raising a minor child born to a Korean spouse.
3. F-6-3: Spouse separated due to partner’s death, disappearance, or fault.

2. 🌏 Entry from Abroad (Invitation-Based)

(a) Basic Principle

A foreigner must be invited by their Korean spouse to apply for a marriage (F-6) visa.
The Korean spouse becomes the guarantor of the applicant.

(b) Key Review Factors

Consular officers examine:

Authenticity of relationship – how they met, intention to live together.
Legal validity – marriage recognized under both national laws.
Prior invitations – no record of inviting other spouses within 5 years.
Income – must meet the annual income threshold (e.g., ₩19.5M for 2-person household in 2022).
Health & criminal background – both sides checked.
Language ability – foreign spouse must show basic Korean proficiency (TOPIK Level 1 or equivalent).
Housing – suitable, stable residence required.
Sponsor’s nationality history – must not have gained citizenship through prior marriage within 3 years.

3. 💰 Income & Asset Requirements

Acceptable income sources: wages, business, real estate rent, dividends, pensions, etc.
If income falls short, assets may count (valued at 5% of total).
Co-residing family income may be combined.
Exemptions:
- Couple has a child together.
- Couple lived together abroad for 1+ year.
- Other humanitarian reasons approved by the Minister of Justice.

4. 🗣 Korean Language Requirement

Must meet basic proficiency (TOPIK 1 or equivalent Korean course completion).
Exemptions apply if:
- Has a Korean-language degree,
- Previously lived in Korea for ≥ 1 year,
- Couple shares a common language,
- Couple already has a child,
- Humanitarian circumstances exist.

📝 If the Korean spouse completes at least 80 hours of their partner’s native language training, the visa may be approved even if the applicant narrowly fails the language test.

5. 🏠 Housing Requirement

The couple must have adequate housing—owned or leased by the Korean spouse or close family.
Guesthouses or motels are not accepted.
Immigration officers may request photos or site visits to verify living conditions.

6. 🕊 Sponsor’s Citizenship Restrictions

A Korean spouse who obtained citizenship via marriage cannot sponsor another foreign spouse until 3 years have passed.
Exception: if citizenship was acquired due to spousal death or child-rearing circumstances.

7. 🧾 Required Documents for Visa Application

For an overseas applicant (spouse living abroad):

Visa application form, passport, photos
Invitation letter, written background statement
Guarantor’s ID, family & marriage certificates
Income and housing proof
Communication proof (letters, messages, call records)
For high-risk countries (e.g., Vietnam, Philippines, Cambodia, Mongolia):
- Certificate from International Marriage Guidance Program
- Criminal background and health checks for both spouses.

8. 🔁 Applying Inside Korea (Change of Status)

Eligible for foreigners legally residing in Korea who marry a Korean citizen.
Not eligible: tourists, short-term visa holders, or overstayers—unless there are pregnancy or humanitarian grounds.
Similar documentation and screening apply: marriage proof, income, housing, language, and relationship genuineness.

9. 🧍‍♀️ Registration and Stay Extension

After entering on F-6, the spouse must:
- Register as a foreigner within 90 days,
- Provide address and spouse’s details,
- Submit proof of housing and marriage.
Initial stay: 1 year (extendable annually or up to 3 years if raising a child).
Completing a Korean adaptation program can increase the initial stay to 2 years.

✅ Summary Table

Category	Key Requirement
Marriage validity	Must be legally registered in Korea
False marriage	No real intent → void under Civil Act
Income	Above MOJ threshold (can include family or assets)
Language	Basic Korean (TOPIK 1+) or exemption
Housing	Stable and suitable living space
Sponsor restriction	3-year bar if sponsor naturalized by prior marriage
Humanitarian exemption	Pregnancy, child, abuse, etc.
Stay rights	F-6 allows free employment and leads to F-5 permanent residency

🧾 1. Extension of Stay for Separated / Divorcing / Missing Spouses (F-6-1)

Foreigners residing as a spouse of a Korean national (F-6-1) can apply to extend stay even during:
- Separation (living apart without divorce),
- Ongoing divorce proceedings, or
- Spouse missing but not yet declared legally missing.

🔹 Required Documents

Common:
- Application, passport, alien registration card, fee, marriage certificate, residence proof (rental contract, bills, etc.)
If separated:
- Evidence of separation: runaway report, hospital diagnosis for injury, protection center confirmation, court ruling, NGO confirmation, etc.
- If spouse is imprisoned: proof of incarceration and family confirmation.
If divorcing:
- Court filing or proof of ongoing divorce case.
If missing:
- Missing-person report, court filing, witness confirmation, or NGO statement.

✅ The Ministry of Justice may extend stay even after expiry when necessary for victim protection or recovery.

👩‍👧 2. F-6-2 – Change to “Child Custody” Status

🔹 Eligibility

A foreign parent (father or mother) who is raising a minor child born from a marriage or de facto marriage with a Korean citizen.
Applies even if the marriage was not legally registered but factually existed.

⚖️ Common-law (de facto) marriage exists when:

There is intent to live as husband and wife, and

Socially recognized cohabitation as a family.

✖ Not recognized if simply cohabiting without intent, or if one party is already married.

🔹 Screening Criteria

The child must be born from a relationship with a Korean.
The applicant must prove legal right and ability to raise the child.

🔹 Required Documents

Application, passport, alien registration, photo, fee.
Child’s birth or family relation certificate (if Korean).
DNA test or birth certificate proving biological link.
Proof of custody and care (school records, bills, witness letters).
Divorce, death, or disappearance documents (if applicable).

🔹 Stay Period

Initial stay: 1 year.
Renewable up to 3 years or until the child becomes an adult.
Renewal requires proof of continued child-rearing (e.g., tuition or medical receipts).

🔹 Special Note – Visitation Rights

Even if the parent does not have custody but has visitation rights, F-6-2 may be granted for up to 1 year if:
- There is no restriction by family court, and
- Continuous relationship with the child is proven (photos, communication, etc.).
No approval if visitation is restricted or contact is absent.

💔 3. F-6-3 – “Marriage Breakdown” Status

🔹 Eligibility

Former F-6 or F-2 resident who lost Korean spouse due to:
1. Death,
2. Legal disappearance, or
3. Divorce not caused primarily by the foreign spouse.

The applicant must have no major fault in the marriage breakdown.

🔹 Legal Precedents

Supreme Court (2018두66869, July 4, 2019):
- “Not at fault” means the foreign spouse is not primarily responsible for the breakdown.
- Courts now take a less strict approach:
  - If the Korean spouse bears greater fault, extension may still be granted.
Family court’s finding of fault in a divorce judgment must be respected by immigration authorities.

🔹 Exception – Minor Fault Foreigners

Even if the foreign spouse caused the divorce, F-6-3 may still be granted if:
- They support the Korean spouse’s parents or family and
- Submit proof of such support.

🔹 Documents Required

Common: application, passport, photo, fee.
For death: death certificate or record.
For divorce: divorce decree, proof of spouse’s fault (reports, hospital records, witness statements).
For disappearance: family court’s declaration of disappearance.

🔹 Stay Duration

Initial period: up to 2 years.
Renewable with ongoing proof of residence and cause.

🔹 Related Status – F-1-6 (Domestic Affairs)

For individuals not qualifying for F-6-3 but who must remain in Korea to finalize:
- Property division, debts, or family litigation.
Stay allowed up to 6 months, renewable until the case ends.

🏠 4. Family Reunion and Related Visas

Visa Type	Description	Eligible Family
F-1 (Visit/Stay with Family)	For visiting relatives, family support, or cohabitation	Extended family, dependents, or similar
F-2 (Resident)	For minor foreign children of Korean citizens or F-5 holders	Spouse or child of Korean citizen or F-5 resident
F-3 (Dependent)	For dependents of E-1–E-7 visa holders (artists, technicians, professionals)	Spouse and unmarried children under 20

These visas allow family members to reside with or near the principal visa holder.

📊 5. Summary of F-6-1 Visa (Marriage Migrant) Requirements

🔹 Marriage Registration

Domestic marriage registration in Korea is sufficient for validity (since 2014).
Must register in both countries when possible.
A Korean who invited a foreign spouse within the last 5 years cannot invite again.

🔹 Long- & Short-Term Visa Holders

Short-term or overstaying foreigners can change to F-6 in special cases:
- Pregnancy or childbirth (income requirement waived for childbirth).
Long-term visa holders can change status within Korea.

🔹 Income Requirements (2022 Standard)

Minimum household income (before tax):
- 2-person: ₩19.56 million/year
- 3-person: ₩25.17 million/year
- Add ₩5.24 million for each additional member.
5% of assets (savings, real estate, etc.) may be counted toward income.

🔹 Exemptions

Has a child with Korean spouse.
Couple lived together abroad for 1+ year with no Korean income.
Pregnancy – income required; childbirth – waived.

🔹 Korean Language Requirement

Must meet TOPIK Level 1 or equivalent (Korean language course, degree, or prior residence).
Exemptions: shared language, childbirth, humanitarian reasons.

🔹 Housing Requirement

Must have stable housing under spouse’s or family’s name.
Guesthouses, motels, and similar are not accepted.

🔹 Restrictions

Naturalized citizens through marriage cannot invite another spouse for 3 years unless due to abuse or child support reasons.

🔹 Documents

Separate document sets for foreign spouse and Korean spouse (application, background statement, ID, income proof, residence proof, photos, and communication evidence).

💬 6. F-6 Visa Q&A Highlights

Q: Can F-6 holders work freely?
A: Yes, there are no employment restrictions.
Q: Can an undocumented (overstaying) spouse apply?
A: Yes, only in humanitarian cases (pregnancy, childbirth, child-rearing). Must pay fines first.
Q: Can F-6 holders be deported for crimes?
A: Yes. If they violate Korean law or threaten public safety, they may face deportation despite F-6 status.

🇰🇷 7. Acquisition of Korean Nationality

(1) By Acknowledgment

A minor foreign child recognized by a Korean parent can gain nationality upon report to the Ministry of Justice.

(2) By Naturalization

Three types:
1. General: 5+ years residence, good conduct, financial stability, and Korean language skills.
2. Simplified: Relaxed requirements for:
  - Those with Korean ancestry or
  - Marriage migrants (F-6 holders) married to a Korean citizen.
3. Special: For those with special contribution to Korea (e.g., national merit, cultural service).

(3) Marriage Migrants’ Simplified Naturalization

Eligible if:
- Married to a Korean and lived in Korea 2+ years continuously, or
- Married 3+ years total with at least 1+ year residence in Korea, or
- Marriage ended without fault (spouse’s death or abuse), or
- Raising a child from the marriage.
Must show financial ability (₩30M+ assets or steady job) and basic Korean proficiency.

(4) Loss or Revocation of Nationality

Ministry of Justice may revoke nationality if acquired through:
- Fraud, falsified documents, or sham marriage.
Legal basis: Nationality Act Articles 21–27.

✅ Summary Table – Visa & Nationality Pathways

Category	Visa / Status	Key Points
Spouse of Korean	F-6-1	Marriage must be genuine and registered in Korea
Child Custody	F-6-2	For raising a Korean minor; includes de facto marriages
Marriage Breakdown	F-6-3	For widowed, divorced, or abandoned spouses
Temporary Family Litigation	F-1-6	6-month stay to complete property or legal proceedings
Dependent Family	F-1 / F-2 / F-3	Family reunion and cohabitation
Simplified Naturalization	—	After 2+ years of residence or 3+ years of marriage
Dual Citizenship	—	Allowed for marriage migrants with written pledge

🇰🇷 1. Revocation and Restoration of Korean Nationality

The Minister of Justice may revoke naturalization or nationality restoration if:
- The applicant forged or altered documents, or submitted forged ones (Art. 27(1)).
- The person gained nationality through a crime, e.g., fake marriage or falsified records.
- The legal relationship leading to nationality is later annulled or invalidated by court judgment.
- There are serious procedural defects in the naturalization or restoration process.
Before revocation, the Ministry must give the person a chance to explain or submit evidence, except:
- If the person’s whereabouts are unknown, or
- The person fails to respond twice without valid reason.

🏠 2. Residence Requirement and Minister’s Discretion

Naturalization is not a right but a discretionary act by the state.
Even if a foreigner meets all legal requirements, the Minister of Justice has full discretion to approve or deny naturalization.
This is because naturalization:
- Grants sovereign membership in the state.
- Affects national identity and population composition.
Thus, no one has an inherent “right” to be naturalized.

💍 3. Authenticity of Marriage in Simplified Naturalization

When a foreign spouse of a Korean citizen applies for simplified (spousal) naturalization, the genuineness of the marriage is examined carefully.
Courts consider:
- How the couple met and the course of their relationship.
- Whether they actually live together.
- Whether there is interaction with the Korean spouse’s family.
Indicators of genuine marriage:
- Living together or, if separated, the separation is due to unavoidable reasons (e.g., financial hardship, illness, work).
- Even if the marriage began as fake but later became real, sincerity may still be recognized.

✅ Examples Recognized as Genuine

Applicant’s statements inconsistent but explained by language or cultural barriers.
A temporary 1-year separation was not enough to deny naturalization.
Financial hardship caused non-cohabitation.
Weekend-only marriage due to distance or family opposition.
Proof of shared life (e.g., working together, attending family events).
Short cohabitation but continued family interaction and social recognition.

❌ Examples Deemed Not Genuine

No knowledge of spouse’s residence, work, or family.
Fake marriage registration for money or immigration benefit.
No cohabitation or contact.
Paid money for arranged sham marriage.
Contradictory testimonies on how they met or family relations.
No joint household or financial awareness.
Marriage ended immediately after registration or never began due to overstay.
Inconsistent evidence and unclear divorce cause.

👶 4. Adoption and Special Naturalization

Special naturalization may be granted to an adopted child of a Korean national.
However, if:
- The adoption appears solely for naturalization, or
- The Korean parent’s marriage itself is questionable,
  Then the court may deny it.
Example cases:
- Seoul Administrative Court 2011구합16322: Denial upheld where adoption was suspected to be for immigration purposes only.
- Seoul Administrative Court 2008구합24866: If both adoptive parents died before the decision, nationality cannot be granted because “parent must still be Korean at the time of judgment.”

🌐 5. Dual Citizenship and “Birth Tourism” (원정출산)

(1) Dual Citizenship for Unregistered Dual Nationals

For those who never registered birth but were dual nationals:
- Women born before May 4, 1988 automatically lost Korean nationality at 22.
- Women born after May 5, 1988 keep both nationalities but must choose by age 22.
- Men born before May 24, 1983 lost Korean nationality at 22.
- Men born after May 24, 1983 keep both but must choose nationality within 2 years after military duty.

(2) Definition of “Birth Tourism” (원정출산)

Defined under Nationality Act Art. 13(3) and 17(3):
- When a mother living in Korea travels abroad while pregnant to give birth for the purpose of obtaining foreign nationality for the child.
Exemptions:
1. Parent stayed abroad 2+ years continuously before/after birth.
2. Parent obtained foreign PR or nationality before/after birth.
3. Parent was abroad for legitimate reasons (study, public service, work, etc.).
Practical effect:
- Male dual citizens born via birth tourism cannot renounce Korean nationality until after military service is completed.
- Non–birth-tourism duals may renounce before March 31 of the year they turn 18.
Criticism:
- Ministry guidelines often apply too rigidly, limiting the freedom to renounce nationality, which some courts and scholars view as unconstitutional.
Appeals:
- If one’s nationality renunciation is rejected, they can file an administrative appeal within 90 days, and if denied, a lawsuit within another 90 days.

🧾 6. False-Name (Alias) Marriages

Marriages under false identity are retroactively void.
Before self-reporting, the following must be corrected:
- Obtain a divorce under the false name and remarry using the real one.
- Update all documents (leases, bank accounts, property, etc.) to the correct name.
- Obtain a real passport from one’s home embassy.
- Self-report to immigration and leave Korea to re-enter with a legitimate F-6 visa.
- If a child exists, residence permission may be given inside Korea for humanitarian reasons.

👶 7. Birth Registration

(1) Obligation and Method

Korean nationals must register a child’s birth within 1 month at a local community center.
Required document: birth certificate or court-issued confirmation.
If parents cannot file:
- The duty passes to relatives, then medical personnel, then prosecutors or local officials if not done in time.

(2) Key Legal Points and Q&A

Q1. Can an unmarried father file birth registration (not acknowledgment)?

Yes. Under Family Relations Registration Act Art. 57, a birth registration by the father counts as acknowledgment (인지) if:
- The mother is uncooperative or missing.
- The father obtains family court approval.

Q2. If a Korean man married abroad but not in Korea registers the child as illegitimate, is it valid?

No. The foreign marriage (e.g., in the Philippines) is valid in Korea under Private International Law Art. 36.
The child is legitimate; acknowledgment (인지) is invalid.
The father must register the foreign marriage in Korea, then correct the child’s record through court.

Q3. If a couple registers another’s child as their own and later divorces?

If the registration was done with intent to adopt, and all legal elements of adoption exist, it has the effect of legal adoption.
The relationship does not end by divorce; only annulment or dissolution of adoption can end it.

Q4. What if a foreign mother was undocumented and not registered at child’s birth?

The mother can later file a supplementary registration (추완신고) with:
- Proof of maternity (birth certificate, DNA, etc.),
- Proof she was unmarried at the time.
If evidence is lacking, she must obtain a court ruling confirming maternity.

Q5. If a married woman gives birth to another man’s child?

Her legal husband is presumed the father (Civil Act Art. 844).
The real father can claim paternity only after the husband (or wife) obtains a court ruling denying presumed paternity within 2 years.

Q6. Does Korean birth registration automatically cancel foreign nationality?

No. It’s purely administrative and does not affect foreign citizenship.
The child remains dual-national until required to choose later.

Q7. If a Korean parent lost nationality before the child’s birth?

The child cannot acquire Korean nationality because the parent was no longer Korean at birth.

Q8. If wrong father registered—how to fix?

File a lawsuit confirming nonexistence of paternity between the false father and the child.
Once voided, the real father can acknowledge (인지) and correct registration.

Q9. If a foreign mother divorces a Korean father, can she register the child and get a visa?

Yes. The child is Korean, so the mother can:
- Register the birth in Korea, and
- Obtain F-6-2 (child custody) or F-6-3 (marriage breakdown) visa depending on circumstances.

Q10. If a marriage was only registered abroad?

Valid if performed under either country’s laws (Private International Law Art. 36).
Birth registration in Korea can proceed with foreign marriage and birth certificates attached.

👶 8. Recognition of Children Born Out of Wedlock (인지)

(1) Voluntary Acknowledgment (임의인지)

Father or mother voluntarily declares the child as their own at the registrar’s office.

(2) Judicial Acknowledgment (강제인지)

If the father refuses, the child (or mother/descendants) may file a lawsuit for acknowledgment.
If the father has died, the claim must be made against the prosecutor within 2 years.

(3) Main Civil Code Provisions

Art. 855–864:
- Acknowledgment retroactively takes effect from the child’s birth.
- Fraud or coercion can void it.
- Challenges must be made within 1 year of discovering the acknowledgment.
- Parents must still fulfill child support and visitation duties.

(4) Common Q&A

Can acknowledgment rights be waived? → No, it’s a personal right.
Can late acknowledgment include past child support? → Yes, courts allow retroactive support unless unjust.
Can 38-year-old adult still claim paternity? → Yes, courts recognize this as a lifelong right.
If the mother was married to another man?
- Child presumed to belong to her husband.
- The real father must await denial of paternity ruling before acknowledgment.

✅ Summary Table – Family & Nationality Issues

Issue	Legal Basis / Effect
Fake or document-based nationality	Revocable by Ministry of Justice
Naturalization	Minister’s discretion, not a right
Spousal marriage authenticity	Evaluated on actual relationship and cohabitation
Adoption for nationality	Must be genuine, not for immigration purpose
Birth tourism	Restricts nationality renunciation until after military duty
False-name marriage	Null and requires reapplication with real identity
Birth registration	Only for Koreans; must be within 1 month
Out-of-wedlock acknowledgment	Voluntary or judicial; retroactive effect from birth

👶 1. Recognition (Acknowledgment) of Children Born Out of Wedlock (인지)

(a) Requirements for Acknowledgment of a Child Born to a Married Foreign Mother

To register an out-of-wedlock child born to a foreign woman who was married at the time of birth, the biological father must submit:

A written statement proving the mother was not legally married at the time of birth,
Documents verifying the child’s identity,
Evidence confirming the child’s welfare and protection, and
Certified translations of all foreign documents.

(b) Applicable Law for International Acknowledgment

The substantive validity of acknowledgment follows:
- The mother’s national law at the time of birth for mother–child relationships, and
- The father’s national law or the child’s habitual residence for father–child relationships.
  (Private International Law, Art. 41)
The formal requirements follow either the applicable law or the law of the place where acknowledgment is made (Art. 17, 41).
→ If acknowledgment is valid under any one of these laws, it is legally effective.

(c) Procedure for a Minor Out-of-Wedlock Child to Acquire Korean Nationality

Step-by-step process:

Birth registration with the foreign mother’s embassy.
Foreign passport issuance (birth certificate + parents’ IDs).
Korean immigration registration within 90 days (F-1 or F-3 visa).
Acknowledgment report (인지신고) by Korean father at local city/county office.
Nationality acquisition report to the immigration office (DNA or relationship proof).
Family register update (takes about 2 months).
Resident registration after nationality approval, and either:
- Renunciation of foreign nationality, or
- Pledge not to exercise foreign nationality (if renunciation is difficult within 1 year).

Key points:

Only minors can acquire nationality through acknowledgment; adults must naturalize.
The child first holds the mother’s nationality.
If the father acknowledged the unborn child (태아인지), he can file a birth report after birth, giving the child Korean nationality.
If the father is foreign, his name cannot appear in Korea’s family register.

⚖️ 2. Paternity Presumption and Court Permission for Acknowledgment

(a) Case Example

A woman gives birth within 300 days after divorce.
The biological father (not her ex-husband) wants to acknowledge the child.

→ Solution:
He must apply to the Family Court for permission (인지의 허가) before the child is recorded as the ex-husband’s child.
Once approved, he can make a valid birth registration as the father.

(b) Constitutional Court Ruling (2015헌마623)

Previously, a child born within 300 days of divorce was automatically presumed to be the ex-husband’s.
The Court ruled this unconstitutional because:
- Divorce and remarriage rates have increased.
- DNA testing easily proves true parentage.
- The rule violated the mother’s and biological father’s rights to family and personal dignity.
Result: The law now allows exceptions—biological fathers may acknowledge the child with court permission.

(c) Current Law

Under Civil Act Art. 855-2:
- If the child is born within 300 days after divorce, the biological father can seek court permission for acknowledgment before the child is registered as the ex-husband’s.
- Once permission is granted, the acknowledgment overrides the paternity presumption.
Similarly, if there is a final judgment confirming nonexistence of paternity or permission for denial of paternity (친생부인의 허가),
the biological father may file a birth report with acknowledgment effect.

🌍 3. Korean Father & Foreign Mother: Birth Registration Rules

Case	Can the Korean Father File Birth Registration?	Nationality of Child
Child born in Korea	✅ Yes — child is a foreigner born in Korean territory (subject to report).	Korean nationality after acknowledgment and report to MOJ.
Child born abroad	❌ No — child born abroad to a foreign mother is not subject to Korean birth registration.	Must file acknowledgment report instead.

Legal basis:

The Nationality Act grants Korean nationality only when a Korean parent acknowledges the child during minority.
Birth registration is limited to:
- Children who acquire nationality by birth or territory, not acknowledgment alone.

🧬 4. Paternity Denial (친생부인) and Paternity Confirmation (친생자관계존부확인)

(a) Concept

A paternity denial lawsuit is filed when a husband or wife disputes the presumed legitimacy of a child born during marriage.
- Children born within 200 days of marriage or within 300 days of divorce are presumed legitimate (Civil Act Art. 844).
A paternity confirmation lawsuit establishes whether a parent–child relationship legally exists (Art. 865).

(b) Simplified Procedures Introduced (2018)

Before 2018, the only option was a full lawsuit (친생부인의 소).
Now there are simplified family-court petitions:

Permission for denial of paternity (친생부인의 허가) by the mother or ex-husband.
Permission for acknowledgment (인지의 허가) by the biological father.

→ These make it easier to prove biological parentage without a lengthy trial.

(c) Practical Scenarios

Child already registered as ex-husband’s:
→ Must file a paternity denial lawsuit within 2 years.
Child not yet registered:
→ The biological father may seek court permission to acknowledge and register the child.
Wrong paternity recorded (false registration):
→ Must file a lawsuit to confirm nonexistence of paternity (친생자관계부존재 확인).

👨‍👩‍👧 5. Adoption (입양)

(a) Definition

Legal act creating a parent–child relationship between persons not related by blood.

(b) Conditions for a Valid Adoption

Mutual consent between adoptive parent(s) and child (Civil Act Art. 833).
Adoptive parents must be adults.
Family Court approval if the adoptee is:
- A minor,
- Or an adult under guardianship.
Both spouses must jointly adopt or consent.
The adoptee cannot be older than the adoptive parent(s).

(c) Procedure

File an adoption report signed by both parties and two witnesses.
When both adoptive parents are Korean, follow the Family Relations Registration Act.
When foreign parents adopt a Korean child, they may follow either Korean law or their national law (depending on the country).

Foreign spouse’s minor child living in Korea may get a F-1 (visit & stay) visa.

(d) Required Documents

Adoption consent form (or consent on the report).
Family Court approval (if required).
Nationality and ID documents of adoptive parents.
Proof that adoption meets home country’s legal requirements.
Family register copies of both parties.

(e) Effects

Once registered, the adoptee gains legal child status under the adoptive parents.
Adoption does not end ties with the biological family unless it is a special adoption (친양자).
The child keeps original surname and lineage origin unless changed.

👶 6. Special Adoption (친양자제도)

(a) Meaning

Converts an adoptee into a full legal child of the adoptive parents (surname and lineage changed).
Purpose: To protect the child’s welfare and remove legal distinction from biological children.

(b) Requirements

Must be jointly filed by a married couple who have been married at least 3 years (or 1+ year if adopting a spouse’s child).
The child must be a minor.
Biological parents must consent, unless they:
- Lost parental rights,
- Cannot be located, or
- Seriously harmed the child.

(c) Court May Allow Without Consent If:

The parent unjustly refuses consent.
The parent has abandoned, abused, or failed to support the child for 3+ years.

(d) Legal Effects

Child becomes a legitimate child of the adoptive parents.
Surname and lineage automatically change to the adoptive father’s.
The previous parental relationship completely ends (except when adopting a spouse’s own child).
Child inherits from adoptive parents as a biological child.

(e) Confidentiality of Special Adoption

Family courts and registrars restrict disclosure of adoption certificates—even from the adoptee.
Only issued in limited cases (court, prosecutor, or legal necessity).

⚖️ 7. Dissolution of Adoption (파양)

(a) Meaning

Legal termination of the adoptive relationship (Civil Act Art. 776).

(b) Methods

By Agreement (협의상 파양):
- Allowed if the adoptee is an adult and both sides consent.
By Court Judgment (재판상 파양):
- Required if the adoptee is a minor or under guardianship.
- Family court first attempts mediation, then issues a judgment if unresolved.
Special Adoption Dissolution:
- Once annulled, the child’s biological family ties are restored, and the biological parents regain custody.

✅ Summary Table – Key Family Law Topics

Topic	Key Points
Acknowledgment (인지)	Requires proof of non-marriage, child’s identity, welfare docs, translations.
Paternity (친생부인)	Court permission now possible; DNA testing admissible; 300-day rule relaxed.
Korean Father & Foreign Mother	Birth registration allowed only if child born in Korea; abroad → acknowledgment only.
Adoption (입양)	Creates legal parent–child link; court approval needed for minors; full inheritance rights.
Special Adoption (친양자)	Converts adoptee into full child; severs biological ties; surname changes.
Dissolution (파양)	Ends adoptive relationship by consent or court; biological ties restored for special adoptions.

💔 1. Divorce in Korea

(a) Overview

Unlike marriage (which is valid upon mutual consent and registration), divorce requires a court process.
Even mutual consent divorces (협의이혼) must be confirmed by a family court before being registered.
Judicial divorces (재판상 이혼) take effect upon court judgment, while mutual divorces take effect only after registration.
If the couple fails to register within 3 months after the court confirmation, the approval becomes void.

(b) Types of Divorce

1️⃣ Divorce by Mutual Consent (협의이혼)

Requires both spouses’ true and voluntary consent.
Must apply to Family Court for confirmation and then file with local registry office.
If minor children are involved:
- Parents must attend a counseling session.
- Submit a written agreement on custody and support.
Property division and compensation (alimony) are handled separately, often by notarized agreement.

2️⃣ Judicial Divorce (재판상 이혼)

Based on Civil Act Article 840, which recognizes six grounds for divorce:
1. Adultery or infidelity.
2. Malicious desertion (abandonment).
3. Serious mistreatment or abuse by spouse or spouse’s lineal relatives.
4. Serious mistreatment of one’s own lineal relatives by the spouse.
5. Spouse missing for 3 years or more.
6. Any other serious reason making marriage unbearable.
A faulty spouse (유책배우자) cannot generally request divorce—
except when the marriage is already irreparably broken and the other spouse refuses divorce out of revenge or malice.
Procedure:
- Divorce must go through conciliation (조정) before litigation.
- If conciliation fails, the case proceeds to trial.
- Judgment of divorce takes effect once finalized.

(c) Legal Q&A Highlights

❓ Q1. How does a court determine whether a foreign spouse truly had the intent to marry?

A marriage is invalid only if there was no genuine intention to live as spouses.
Courts must carefully assess foreign spouses, considering:
- Cultural and language differences,
- Different marriage customs,
- Whether they followed proper procedures in both countries and obtained a marriage visa.

❓ Q2. How does the court decide child custody?

Must consider all factors:
- Child’s age, sex, and preference,
- Each parent’s emotional bond, financial ability, caregiving ability,
- The most beneficial and stable environment for the child’s welfare.

❓ Q3. Can a foreign parent be denied custody due to poor Korean skills?

No. Korean language ability alone is not a valid reason for denial.
Courts warn that such reasoning may lead to discrimination.
Korean public education ensures children learn Korean regardless.
Cultural and linguistic diversity of the parent is actually seen as a positive influence.

❓ Q4. What does “serious reason making marriage difficult to continue” mean (Art. 840(6))?

When the marriage has irretrievably broken down, causing one party intolerable suffering.
The court considers the degree of fault, marriage length, age, children, and post-divorce stability.

❓ Q5. What qualifies as “serious mistreatment” (Art. 840(3))?

Includes violence, abuse, humiliation, or continuous assault.
Case example:
- A Vietnamese wife suffered ongoing abuse from her Korean husband.
- The Supreme Court ruled this constitutes both mistreatment and breakdown, validating her divorce claim.

👩‍👧 2. Parental Authority and Child Custody

(a) Designation of Custody and Guardianship

The Family Court must confirm who will raise the children even in consensual divorces.
Parents can agree on:
- Joint custody or
- Sole custody by one parent.
If no agreement is reached, the court decides ex officio or upon request.

(b) Custody Decision Factors

Child’s age and sex.
Emotional bond and caregiving capacity.
Economic stability of each parent.
Child’s preference (if mature enough).
Continuity and stability of upbringing.
→ The court chooses the arrangement most beneficial to the child.

(c) Changes to Custody

Custody can later be modified by court decision if:
- The current custodian neglects duties,
- Circumstances change (e.g., remarriage, relocation, abuse), or
- A relative or prosecutor requests a change for the child’s welfare.

🤝 3. Visitation Rights (면접교섭권)

(a) Definition

The non-custodial parent’s right to meet, contact, or communicate with their child.
May include in-person visits, phone calls, letters, or video contact.

(b) Scope and Limitations

Can be restricted if:
- Visits are harmful or emotionally distressing for the child,
- There is risk of abduction (especially overseas cases),
- The parent abuses visitation rights.
Violations may result in court orders or fines, though forced enforcement is limited (no imprisonment).

(c) Q&A – Visitation Issues

Can a parent take a child abroad without consent?
→ No. It can constitute child abduction or illegal custody transfer.
What if the other parent secretly takes the child?
→ File for child return order (유아인도청구) or temporary custody change.
Can grandparents or uncles visit?
→ Yes, with court approval, if the parent is unable (illness, imprisonment, etc.).
Can foreign parents lose their visa for not visiting their child?
→ Yes. If an F-6-2 parent stops contact entirely, their child custody visa may be revoked.

💰 4. Child Support (양육비)

(a) Responsibility

Both parents share the financial duty to raise children.
The non-custodial parent must pay support to the custodial parent until the child reaches age 19.

(b) Claiming Child Support

If parents cannot agree, the Family Court decides the amount.
Can include:
- Past support (retroactive),
- Future periodic payments, or
- Lump-sum settlements.

(c) Determining Amount

Based on the “Child Support Table” (양육비산정기준표).
Factors:
- Number of children, age, income, and living costs.
- Ranges roughly ₩600,000–2,500,000 monthly depending on age and income.

(d) Enforcement

If payments are not made:
- Custodial parent may apply to the Child Support Agency (양육비이행관리원, www.childsupport.or.kr).
- The agency offers:
  - Consultation,
  - Mediation support,
  - Legal assistance for court orders and wage seizure.
Courts can order parents to submit asset declarations and may fine up to ₩10 million for false or missing reports.

(e) Adjusting Support

Support amounts may be increased or decreased if:
- The paying parent’s income changes (job loss, bankruptcy),
- The child’s educational or medical expenses increase, or
- Inflation significantly alters living costs.

(f) Child Support Q&A

Can I claim child support during separation (before divorce)?
→ Not directly. You can only request spousal maintenance unless divorce proceedings are underway.
Can I claim past unpaid child support?
→ Yes, if fair under circumstances (excluding voluntary or selfish caregiving).
What if the other parent hides assets?
→ The court can demand financial disclosures or request data from banks and institutions.

✅ Summary Table – Key Points

Category	Key Legal Points
Divorce Types	Mutual (협의) – via Family Court; Judicial (재판상) – requires legal cause
Grounds for Divorce	Adultery, abuse, desertion, missing spouse, irreconcilable breakdown
Child Custody	Based on child welfare, continuity, parental ability
Visitation	Right of non-custodial parent; may be restricted for abuse or abduction risk
Child Support	Both parents responsible; calculated via court guideline table
Foreign Parents (F-6-2)	Must maintain contact with child to keep visa; loss of contact may revoke stay
Past Support	Retroactive claims possible; fairness and need assessed
Language/Culture in Custody	Courts must avoid discrimination; bilingual parenting seen as beneficial

👶 1. Child Support (양육비) – Enforcement and Legal Procedures

(a) Key Principles

Child support can be requested or adjusted at any time if there are significant changes in circumstances (e.g., income, needs of the child).
Even after the child becomes an adult, the caregiver may still claim past-due child support.
The right to child support exists only if a legal parent–child relationship (through acknowledgment or court ruling) is established.

(b) During or After Divorce Proceedings

While a divorce case is still ongoing, the court may issue a temporary order (사전처분) for interim support if the non-custodial parent fails to pay.
Child support enforcement is possible even before the final ruling.

(c) When the Other Parent Is Missing

If the paying parent cannot be contacted, the court can use public notice service (공시송달).
Once the order is made, the custodial parent can identify the debtor’s assets through:
- Property inquiries,
- Financial disclosures, and
- Compulsory execution (강제집행).

(d) Enforcement Tools and Applications

Execution Order (이행명령)
- A family court may order payment, but it does not modify the amount owed.
- It merely sets a practical limit for applying sanctions like fines or detention.
Detention Order (감치명령)
- If the parent still refuses to pay, the court can issue repeated detention orders.
- However, enforcement validity lasts 3 months per order, so timing is critical.
- Public notice service for detention is sometimes denied unless the parent is proven to be evading service maliciously.
Direct Payment Order (직접지급명령)
- Enables wages to be directly garnished from the employer.
- Only possible if the debtor’s salary exceeds ₩1.5 million monthly.
- If the debtor leaves the job, this enforcement stops.
Official Document or Notarization
- Even if parents made a notarized agreement, it’s not automatically enforceable.
- They must first obtain a court judgment or ruling before seeking enforcement.
Lump Sum vs. Installments
- To later apply for detention, payments must be ordered in installments (minimum 3 missed payments).
- A single lump-sum order cannot trigger detention proceedings.

💔 2. Nullity of Marriage (혼인무효)

(a) Who Can File a Nullity Suit

Either spouse or their legal representative / close relatives (within 4th degree).
In some cases, prosecutors or third parties with a legitimate legal interest may participate.

(b) Legal Grounds (Civil Act Art. 815)

No real intent to marry (e.g., fake marriage for visa, money, or nationality).
Blood relation within 8 degrees, including adopted kin.
Direct in-law relationship (lineal affinity).
Adoptive family lineage relationship between parties.

(c) Legal Effect

A void marriage is invalid retroactively (소급효).
All legal rights (inheritance, spousal benefits, etc.) are nullified.
The other spouse may claim damages if the void marriage was caused by deceit.
Children born in such a marriage are treated as out-of-wedlock but can be acknowledged (인지).

(d) Examples from Court Rulings

Fake Marriage for Employment
- Supreme Court (2010므574): A Filipino spouse who registered marriage only to gain job eligibility in Korea lacked true marital intent.
  → Marriage declared void.
Foreign Spouse Never Entered Korea or Vanished After Arrival
- Not enough to prove nullity unless evidence shows marriage was for money or immigration only.
- Example indicators: immediate disappearance after visa approval, financial exchange, or existing romantic partner.
Criminal Conviction for False Marriage Registration
- The court allowed correction of family register even without a separate nullity judgment.
Nullity Can Be Claimed Even After Divorce
- Supreme Court (78므7): A spouse may still seek nullity for a past marriage already dissolved by divorce if legal interest remains (e.g., inheritance or pension issues).
One-Sided Marriage Registration During Common-Law Marriage
- Valid if an actual relationship existed (cohabitation, shared life).
- However, if the couple was already separated, registration without consent is void.

💍 3. Annulment of Marriage (혼인취소)

(a) Definition

A court judgment declaring that a marriage, although validly formed, can be undone due to specific legal defects (Civil Act Art. 816).

(b) Grounds for Annulment

Marriage under age 18.
Minor married without parental or guardian consent.
Marriage between close relatives (within 6th degree) or certain in-laws.
Bigamy (existing spouse).
One spouse had serious illness or defect unknown to the other.
Fraud or duress at the time of marriage.

(c) Effects

Annulment has no retroactive effect (불소급효).
Children remain legitimate, and property rights remain intact up to the judgment date.

(d) Filing and Deadlines

Must be reported to the local registry within 1 month after judgment finalization.
Failure to report without valid reason → fine up to ₩50,000.

(e) Supreme Court Examples

📌 Case 1: Concealed Childbirth History (2016므654)

Non-disclosure may amount to fraud only if:
- Disclosure was legally or morally required,
- Concealment was intentional and materially affected the marriage decision.
However, when childbirth resulted from sexual abuse or forced circumstances, non-disclosure is not fraudulent because it involves personal dignity and privacy.
→ Applies equally in international marriages.

📌 Case 2: Infertility or Sexual Dysfunction (2014므4734)

Infertility is not, by itself, grounds for annulment.
The law requires a severe, uncurable condition that makes marital life impossible.
→ Courts apply this strictly and cautiously.

📌 Case 3: Fraud in Wealth or Occupation (2002드단69092)

Misrepresentation about wealth or job usually insufficient for annulment unless:
- It was an intentional deception, and
- The marriage would not have occurred otherwise.
Example: A man fabricated his entire financial background — court granted annulment.

⚖️ 4. Retrial / Subsequent Appeal (추완항소)

(a) Meaning

“Subsequent completion appeal” allows a party to restore a missed appeal deadline if the failure was beyond their control (Civil Procedure Act Art. 173).
Typically used when:
- The person never received court documents due to public notice service (공시송달), or
- Was living abroad and unaware of the case.

(b) Rules and Conditions

Must file within 2 weeks (or 30 days if abroad) after learning of the decision.
The appeal is valid only if the delay was not due to negligence.
Courts generally reject appeals where:
- The person moved without updating their address, or
- Failed to check the case progress.

(c) Case Examples

Public Notice Delivery Case (2000므87)
- Court held: A defendant unaware of public notice delivery may appeal within 2 weeks after discovering it.
- The clock starts when they learn both of the judgment and the public notice delivery.
Failure to Update Address
- If documents were sent to old address, the party cannot claim ignorance unless they took reasonable care to monitor the case.
Foreign Resident Case
- Appeal period extends to 30 days if the person was abroad at the time they learned of the judgment.
Non-Korean Speaker Case
- A foreigner who received Korean-language court documents cannot claim inability to read Korean as grounds for late appeal unless proven legally incompetent.

🪦 5. Inheritance

Inheritance is the transfer of all property rights (except personal ones) of the deceased to heirs (Civil Act Art. 1005).
It begins upon death or a legal declaration of disappearance (실종선고).

✅ Summary Table – Key Takeaways

Category	Main Legal Points
Child Support Enforcement	Possible during trial; includes wage garnishment, detention, or public notice; notarized agreements need court validation.
Marriage Nullity	Void from the start if no genuine intent; often used in visa/money-based marriages; legal after divorce if still relevant.
Marriage Annulment	Court-declared invalidation (not retroactive); fraud, duress, underage, bigamy are key grounds.
Notable Supreme Court Rulings	Privacy protects victims of abuse; infertility not annulment ground; financial deceit only if fundamental.
Subsequent Appeal (추완항소)	Allows missed appeals if unaware of judgment due to public notice or absence; strict deadlines apply.
Inheritance (Preview)	Begins at death or disappearance; only property rights inherited.

⚖️ 1. Inheritance Law in Korea (상속)

(a) When Inheritance Begins

Inheritance begins at the time and place of the deceased person’s legal residence, even if death occurred elsewhere (Civil Act Art. 998).
If the person is missing for one year without trace, the court may declare them legally dead through a declaration of disappearance (Civil Act Art. 27).

(b) Legal Order of Heirs (Civil Act Art. 1000)

Order	Heirs
1st	Spouse and direct descendants (children, grandchildren, great-grandchildren)
2nd	Spouse and direct ascendants (parents, grandparents)
3rd	Siblings
4th	Collateral relatives within 4th degree (uncles, aunts, etc.)

Lower-ranking heirs inherit only if no higher-ranking heirs exist.
If multiple heirs exist in the same rank, the closest in kinship inherits first.
Fetuses are considered heirs if born alive after inheritance begins.

(c) Can Foreigners Inherit in Korea?

Yes, if the deceased (피상속인) was Korean and didn’t specify another applicable law in a will.
Under the Private International Law Act (Art. 49), the law of the deceased’s nationality applies unless another law (e.g., place of residence or real estate location) is chosen.
Thus, even if the spouse or child is foreign, they are still lawful heirs under Korean law.

(d) Common Q&A on Inheritance

Q1: If the deceased left everything to a third party through a will, can heirs reclaim property?
→ Yes, under the reserved portion (유류분) rule (Civil Act Arts. 1112–1118).
Heirs can claim back the legally guaranteed minimum share if their portion is violated.
Q2: Between parents and an adopted child, who inherits first?
→ The spouse and adopted child are 1st-order heirs. Parents become secondary heirs and do not inherit if a spouse or child exists.
Q3: Can a foreign spouse inherit?
→ Yes. As long as the deceased was Korean, foreign nationality doesn’t affect inheritance rights.
Q4: What if the deceased was a foreigner?
→ Then the foreign law of that person’s nationality applies (Private International Law Art. 49). Korean law doesn’t govern inheritance in that case.
Q5: What is Limited or “Special Limited” Acceptance (한정승인 / 특별한정승인)?
→ Limited Acceptance means heirs accept the inheritance only within the value of inherited assets, so personal funds aren’t used to pay debts.
→ Special Limited Acceptance can be made if:
- The heir did not know the deceased’s debts exceeded assets,
- There was no serious negligence, and
- The heir applies within 3 months of discovering it (Civil Act Art. 1019(3)).
  → Example: If an heir didn’t know about large debts due to no fault of their own, they can apply for special limited acceptance within 3 months of finding out.

🏠 2. Family Invitation Visa (F-1-5)

(For Parents or Family of Marriage Migrants)

(a) Overview

Implemented on Jan 3, 2022 to allow parents or family of marriage migrants to enter Korea for childcare or humanitarian support.
Issued by Korean embassies abroad, not through in-country visa changes.

(b) Who Can Invite (Sponsor)

Korean spouse of the marriage migrant.
Marriage migrant with F-5-2 (permanent residence) or who acquired Korean nationality (formerly F-6).
Single-parent marriage migrant (after divorce or widowhood), regardless of nationality or status.

(c) Valid Reasons for Invitation

Childcare Support
- For pregnancy or childcare of a minor child.
- Duration:
  - Until child turns 9 (ordinary families).
  - Until child turns 12 for single-parent or large families (3+ minors).
Severe Illness or Disability
- When the marriage migrant, Korean spouse, or their child suffers from a serious illness or disability.

(d) Who Can Be Invited

Parents of the marriage migrant.
If parents cannot travel (due to illness, etc.), an adult sibling or child from a previous marriage may be invited (only one person).
If the invitee has minor children, the invitation is restricted.

(e) Number and Frequency of Invitations

Single-parent or large families: Unlimited invitations.
Other families: Up to 2 invitations per child.
Only 1 person can be invited at a time (both parents can be counted separately).

(f) Disqualification Grounds

If either the sponsor or previously invited family member:
- Violated the Immigration Control Act,
- Received a fine or criminal sentence, or
- Was deported or ordered to leave,
  → Then future F-1-5 invitations may be restricted for a period.

(g) Period of Stay

Reason	Duration
Childcare Support	Up to 3 years; until child turns 10 (or 13 for single/large families)
Serious Illness/Disability	Up to 3 years; renewable while the condition persists

→ Each extension is for 1 year at a time.

(h) Required Documents

For the Sponsor (초청인):
ID copy, invitation letter, guarantee form (3 years), pledge not to allow illegal work, residence proof (lease or deed).
For the Invited Family (피초청인):
Visa application, passport, photo, fee.
Family Verification:
Korean and foreign family relation certificates.
If for childcare: Proof of pregnancy or child’s school enrollment.
If for illness/disability: Medical or disability certificate.

All official forms are downloadable at HiKorea.

(i) Important Clarifications (Q&A)

Why was the system changed?
Previously, families had to enter with short-term visas and then change to F-1-5 domestically.
Now they must apply directly for F-1-5 abroad, simplifying management and avoiding illegal stay issues.
Why were stay limits reduced?
To prevent families from losing ties with their home country through repeated 4-year stays.
Instead, the age limit for children was raised (7 → 10 years), and large/single-parent families face no invitation limit.
Can they still change to F-1-5 after entry with a short-term visa?
Normally no, but exceptions exist if:
- The marriage migrant becomes pregnant,
- The spouse or child develops a serious illness or disability after entry.
What if the invited family works illegally?
→ They can face fines, deportation, and future visa bans for both themselves and the sponsor.

END. (Above info current as of 2022.)

💼 ‘Specific Activity’ Employment Visa (E-7 Visa)

Purpose:
Allows foreign professionals and skilled workers to work in Korea in designated fields.

1. Definition and Context

A key visa for foreign employment based on specialized skills or professional roles.
Serves both economic policy and labor market management objectives.

2. Legal Framework

Defined under the Immigration Control Act and its Enforcement Decree.
Visas categorized A–H, including:
- A: Diplomacy,
- B: Short-term,
- D–E: Study & Employment,
- F: Residence,
- H: Working holiday, etc.

3. E-7 Visa in the Employment System

One of several work-related visas:
- Professional: Professors (E-1) → Specific Activity (E-7)
- Skilled: E-9 (non-professional), E-10 (seafarers), H-2 (visiting employment)
E-7 targets professional and semi-professional roles requiring expertise.
Minister of Justice considers domestic employment conditions before issuance.

4. Related Employment Visas

Some residence categories also allow employment:
F-2 (Resident), F-4 (Overseas Koreans), F-5 (Permanent Residents), H-1 (Working Holiday).

🇰🇷 Employment and Residence Rules for Foreign Nationals in Korea

🧾 1. National Employment Protection Rules (E-7 Visa Context)

Purpose:
To ensure that employment of foreign workers does not undermine Korean citizens’ job opportunities.

Key Principles:

Normally not applied to highly skilled professional workers.
However, it does apply to certain fields prone to excessive visa use (e.g., translators, designers, travel agents, sales reps, etc.).
Employment quotas, wage requirements, and company qualifications are enforced to prevent abuse.

Review Criteria:

Company Size:
- Must employ at least 5 Korean nationals (registered in employment insurance for 3+ months).
Foreign Employment Ratio:
- Limited to 20% of total Korean employees in protected occupations.
Wage Requirement:
- To prevent cheap labor practices:
  - Professionals: ≥ 80% of national GNI per capita (previous year).
  - Semi-professionals & skilled workers: ≥ legal minimum wage.
- Must specify working hours and wages in contract.

💼 2. E-7 Visa (Specific Activities Visa)

Definition:
For foreigners employed in designated professional, semi-professional, technical, or skilled fields where their expertise benefits Korea’s competitiveness.

Categories of Occupations

Professional (E-7-1):
- 67 fields (e.g., executives, engineers, scientists, researchers).
Semi-professional (E-7-2):
- 9 fields (e.g., office, airline, transport, service workers).
General Skilled (E-7-3):
- 7 fields (e.g., aquaculture technicians, animal breeders, Halal butchers).
Advanced Skilled via Point System (E-7-4):
- 3 fields (manufacturing, agriculture, shipbuilding, construction).

Selection and Management

Ministry of Justice conducts regular and ad-hoc labor demand surveys across ministries.
2022: 86 occupation categories (277 detailed sub-categories).
Each field assigned a code for management and statistical tracking.
Similar/related occupations may be accepted if sufficiently justified.

🎓 3. Qualification Requirements

General Requirements (any one of the following):

Master’s degree (or higher) in a relevant field.
Bachelor’s degree + 1 year of related experience.
5 years of relevant work experience.

Special Exceptions:

Work at a global top-500 company for ≥1 year.
Graduate of top-500 universities (QS/TIME ranking).
Graduates of Korean colleges or universities (internship experience can substitute).
STEM “Gold Card” holders (advanced tech fields endorsed by Ministry of Trade or KOTRA).
High-income professionals earning ≥1.5× or 3× Korea’s per-capita GNI — may be exempt from academic or experience criteria.
Japanese software engineers with CAIT or JITEC certificates automatically qualify.
Domestic vocational training graduates (20-month+ programs with national certificates) may convert to E-7.

🏢 4. Application Process & Documents

Documents (common):

Applicant: passport, photo, employment contract, academic & career proof (with translation and apostille if foreign).
Employer:
- Business registration, tax payment proof, employment justification statement, and (if applicable) government employment recommendation letter.

Submission:

Apply for visa issuance or status change via local immigration office or Korea Visa Portal (visa.go.kr).
Some categories require mandatory recommendation from a relevant ministry.

🪪 5. Employer Eligibility & Screening

Employer must not:

Have any record of immigration or labor violations.
Owe taxes (national or local).
Exceed foreign employee quota or fail to meet minimum wage obligations.

Assessment:

Immigration Office evaluates legitimacy, business stability, and wage fairness.
Start-ups or small tech/venture firms may hire E-7 professionals even without revenue (within 5 years of founding).

🧍‍♂️ 6. Alien Registration

Who:
Foreigners staying in Korea over 90 days.

When:
Within 90 days of entry.

Documents:

Application form, passport, photo, fee, proof of residence, and (if applicable) business registration.

Changes (e.g., name, nationality, passport):

Must be reported within 15 days.

🔄 7. Permission for Activities Beyond Original Visa Status

Key Expansions:

Students (elementary–university) can attend classes without extra permission.
Foreign CEOs or skilled workers may give university lectures under short-term (C-4-5) visa for up to 90 days.

Special Allowances:

Family of foreign diplomats (27 reciprocal countries) can work in limited professional fields (E-2, E-6, E-7).
Spouses of high-tech investors or E-1–E-7 holders can also apply for employment authorization (except simple labor jobs).

Other Conversions Allowed:

F-1 or F-3 visa holders may convert to E-2 (English teacher) or E-7 (foreign language or technical work) under certain conditions.

🌏 8. Worksite Change / Additional Employment

Since Nov 2010:

Most E-7 workers can change/add workplaces by post-reporting (not pre-approval).
For 14 specific jobs (e.g., chefs, designers, welders, marine engineers), pre-approval required due to quota and monitoring.

Process:

Must report within 15 days of change.
Provide new employment contract, employer documents, and—if applicable—former employer’s consent.
Consent may be waived for cases of closure, unpaid wages, or contract completion.

⚙️ Summary Snapshot

Category	Key Requirement	Duration / Notes
E-7-1 (Professional)	Degree + experience	Renewable, long-term
E-7-2 (Semi-professional)	Diploma + relevant work	Wage ≥ minimum
E-7-3 (Skilled)	5+ years experience	Often in technical industries
E-7-4 (Point-based Skilled)	Points for skill, income, etc.	Used for “root industries”
Alien Registration	Within 90 days	Must report any changes
Job Change Reporting	Within 15 days	Some jobs need prior approval

🇰🇷 Change and Extension of Visa Status (E-7 Specific Activities and Related Categories)

🧾 1. General Rules for Change of Status

Eligible Applicants

Foreigners legally residing in Korea who meet the occupational requirements for E-7 (Specific Activities).
Not eligible: Holders of B-series (temporary visit), C-series (short-term), Industrial Trainee (D-3), Non-professional Employment (E-9), Seafarer (E-10), and Miscellaneous (G-1) visas.

Review & Approval Criteria

Same documents and evaluation standards used for visa issuance.
Evaluation includes:
- National employment substitution (impact on Korean workers)
- Public interest and company operation status
- Appropriateness of the number of foreigners employed

Employment Ratio Limits

In principle, E-7 foreign workers ≤ 20% of total Korean employees.
- Firms with fewer than 5 Korean employees or already exceeding the 20% limit cannot add or replace E-7 workers.
- Exceptions:
  - High-tech industries recommended by ministries or KOTRA: up to 50%.
  - Excellent export companies in special language regions: up to 70%.
Government-invited scholarship graduates (D-2-7 “work-study link”) exempted from the ratio rule for all skill levels.

Minimum Wage Requirements

Professional: ≥ 80% of previous year’s per-capita GNI.
Semi-professional / Skilled: ≥ legal minimum wage.
Employment contract must state working hours and monthly base pay.

💼 2. Change from D- or E-Category to E-7

Eligible Current Statuses

D-1 to D-10, E-1 to E-6 visa holders (and dependents with F-3).
- Exception: E-6-2 (entertainment) is excluded.

Conditions

The job must fall within the E-1 to E-7 categories and meet all qualification criteria.
Must sign a valid employment contract with a company or institution in Korea.

Required Documents

Application form, passport, ARC, photo, fee
Employment contract and business registration
Proof of career and degree
Ministry recommendation letter or other proof of employment necessity
National and local tax payment certificates

Note: Korean college or university graduates can omit the recommendation letter for most jobs.

🪪 3. Change from Visa-Free (B-1) to Long-Term Stay for German Nationals

Allowed visas: all long-term types except D-3, E-9, and H-1.
Duration: maximum as allowed per the new visa category.

🏫 4. Change to E-7 for Foreign School Teachers

Eligible:

Legally staying foreigners who have been recruited as teachers at foreign or international schools in Korea.

Stay Duration:

Initial: up to 1 year (based on contract).
Extension: up to 2 years (based on contract).

Required Documents:

Application form, passport, ARC, photo, fee
Employment contract
Teacher’s license (or degree + work experience if no license)
Principal’s recommendation letter
Previous employer’s consent (if applicable)
Letter of guarantee
School registration certificate
Criminal record certificate (same as E-2 rules)
Medical check (including drug test within last 3 months)
National & local tax certificates

Exemptions from Criminal Record Submission:

Licensed teachers, job-fair recruits, or those who have worked ≥3 years in Korea as E-2 or E-7 teachers.

⚙️ 5. Change to E-7 for Advanced Technology Experts (without employment visa)

Eligible Applicants:

High-skilled professionals in IT, BT, NT, new materials, transport machinery, digital electronics, environment, or energy industries.
Those entering without a work visa due to unavoidable reasons (e.g., business invitation, conference).

Qualification Criteria:

5+ years’ experience in IT, e-commerce, or enterprise informatization.
Bachelor’s degree in a related field + 2+ years’ experience.
- If the degree is from a Korean university (4-year), experience not required.
Master’s degree or higher in related field.

Documents Required:

Application form, passport, ARC, photo, fee
Employment contract
Career certificate and degree copy
Business registration
Ministry recommendation letter
National and local tax certificates

🧰 6. Change from E-9 / E-10 / H-2 to Skilled Worker (E-7-4 Point System)

Effective: August 1, 2017

Eligibility:

Current or former E-9, E-10, or H-2 holders employed ≥5 years in manufacturing, construction, or agriculture within the last 10 years.
Must meet age, education, license, and income criteria under the point system.
Quota: 2,000 workers annually (first-come basis).

Industry & Company Limits:

Eligible industries: manufacturing, construction, agriculture, fisheries.
Company cap: 5 workers (manufacturing/construction) or 3 (agriculture/fisheries).

Exclusions:

Criminal offenders, tax defaulters, or those with 4+ immigration violations.
All foreign documents must be apostilled or embassy-certified.

Extensions:

Renewal only if still meeting required point threshold.

⏱️ 7. Extension of Stay (E-7)

Documents Required:

Application, passport, ARC, fee
Employment contract
Income proof (tax certificate or payroll record)
Business registration or corporate registry
Letter of guarantee (for 14 specified occupations such as chefs, designers, welders, etc.)
Proof of residence (lease, dorm, or utility bills)
Employer’s tax payment proof (national & local)

🌏 8. Special Visa Arrangements under International Agreements

🇮🇳 Korea–India CEPA

Eligible: Independent professionals providing services under contract (not employees).
Must have 1+ year of work experience in one of 162 service categories.
Visa: Single-entry up to 1 year based on contract.
Restrictions: No job change, extension, or dependent stay (except humanitarian reasons).

🇷🇺 Korea–Russia Agreement

Eligible: Employees of foreign company branches or affiliates hired locally in Korea.
Visa: Multiple-entry valid for 1 year; 6-month extension allowed once.
Family not permitted.
Maximum total stay: 1 year 6 months.

⚖️ 9. Foreign Legal Consultants and Law Office Staff

For:

Members or staff of foreign law offices established in Korea.

Required Documents:

Application, passport, ARC, fee
Proof of establishment of law office
Employment contract
Proof of residence (lease, dorm, etc.)

🛫 10. Re-entry Permits

Simplified System (since Dec 2010):

Registered foreigners leaving Korea may re-enter within 1 year without separate permit.
If remaining stay <1 year, re-entry is allowed only within remaining period.
Those under entry or visa restrictions must still apply in person.

Multiple Re-entry Permit:

Allows re-entry within 2 years (if beyond 1 year of remaining stay).
Not available to citizens of Saudi Arabia, Iran, Libya (except F-6, D-2, D-4 holders).

🧑‍💼 11. E-7 Occupation List (86 Fields)

1. Professional (67 jobs)
Includes:

Executives, managers, engineers, scientists, professors, IT developers, designers, translators, nurses, lawyers, planners, PR experts, marketing and export specialists, etc.

2. Semi-Professional (9 jobs)
Examples:

Duty-free and Jeju sales clerks, airline staff, hotel receptionists, medical coordinators, call-center staff.

3. Skilled Workers (7 jobs)
Examples:

Animal caretakers, aquaculture technicians, Halal butchers, instrument makers, welders, aircraft mechanics, ship painters.

4. E-7-4 Skilled Point Workers (3 jobs)

Root industry skilled technicians, agricultural/fishery skilled workers, and general manufacturing/construction skilled technicians.

END. (Above info current as of 2022.)