Legal Basis: Civil Act
Marriage is a significant life event, and understanding the conditions of marriage under Korean law is crucial for both nationals and foreigners planning to marry in South Korea. The legal framework surrounding marriage in Korea is outlined in the Civil Act, which sets the conditions for marriageable age, the prohibitions of marriage, and the process for the formation of marriage. In this article, we will explore the critical aspects of marriage under Korean law, including marriageable age, marriage prohibitions, and the formation of marriage.
Summary
1. Marriageable Age in Korea
Under Korean law, individuals must meet the legal age requirements to marry. According to the Civil Act, the following conditions apply to the marriageable age:
- Legal Marriageable Age: Any person who is eighteen years old or older is legally allowed to enter into matrimony. This is the minimum age for both men and women to get married in Korea without additional legal requirements.
- Marriage for Minors: If a person is under the age of eighteen, they are considered a minor. In such cases, marriage is only possible with the consent of both parents. If one parent cannot provide consent, the minor may marry with the consent of the other parent or, if neither parent can consent, the approval of the guardian is required.
- Marriage for Incompetent Individuals: If an individual is legally classified as incompetent, they must obtain the consent of their parents or guardian to marry. In the absence of parents or guardians, the consent of a family council is required for the marriage to proceed.
2. Marriage Prohibitions in Korea
Korean law prohibits certain types of marriage based on close blood relations, affinity relationships, and other family structures. The prohibitions aim to prevent marriages that might be deemed inappropriate or unlawful according to cultural or biological considerations. The Civil Act outlines the following key prohibitions of marriage:
- Blood Relatives: A marriage is not allowed between blood relatives within the eighth degree of relationship, including relatives of an adoptee before full adoption. This ensures that marriage is prohibited between close family members to prevent consanguinity.
- Affinity Relationships: A marriage is also prohibited between individuals who are or were relatives by affinity (marriage-based relationships) within specific degrees. Specifically, marriage is not permitted between:
- The spouses of blood relatives within the sixth degree of relationship.
- The blood relatives of the spouse within the sixth degree of relationship.
- The spouses of blood relatives of the spouse within the fourth degree of relationship.
- Adoptive Family Relationships: Marriages are not allowed between the parties who were blood relatives of the adoptive parent within the sixth degree of relationship or the affinity relatives of the adoptive parent within the fourth degree of relationship.
- Marital Status: Anyone who is already married cannot enter into another marriage while still legally married to another person. This prohibition ensures that bigamy is avoided, and the integrity of the marital bond is respected.
3. Formation of Marriage in Korea
Once the legal requirements are met, a marriage can be officially formed under Korean law. The process for the formation of marriage is outlined in the Act on the Registration, etc. of Family Relationships. The following steps are involved in the legal formation of a marriage:
- Registration Requirement: A marriage is legally recognized in Korea only after the couple submits a report to the relevant authorities. This report must be made in accordance with the provisions of the Act on the Registration, etc. of Family Relationships.
- Reporting Process: The report must be submitted in writing and signed by both parties. Additionally, two adult witnesses must co-sign the report to confirm the legitimacy of the marriage.
Once the report is filed and the marriage is registered, the marriage is considered legally valid in Korea.
Conclusion: Why Understanding Marriage Law in Korea is Essential
Understanding the legal conditions and requirements for marriage under Korean law is vital for anyone planning to marry in South Korea. From the marriageable age to the prohibitions of marriage and the formation process, the Korean legal system ensures that marriages are formed and regulated in a clear and structured manner. Whether you’re a foreigner or a national, knowing these conditions helps you navigate the legal requirements for marriage successfully.
If you need professional legal advice or assistance regarding marriage laws in Korea, it is advisable to consult with a qualified attorney who can provide guidance tailored to your specific circumstances.
4. About NYLA – Korean Legal Office
■ NYLA – Your Trusted Legal Partner in Korea
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In addition to legal advisory, NYLA also represents clients in civil litigation cases related to business, labor, marriage, family, and inheritance to ensure their rights and interests are fully protected.
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