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(영문) 대법원 2017.04.26 2017도2248
결혼중개업의관리에관한법률위반
Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court.

Reasons

The grounds of appeal are examined.

1. The purpose of the Act on the Management of Marriage Brokerage Business (hereinafter “Marriage Brokerage Act”) is to guide and manage the marriage brokerage business in a sound manner, and prevent damage to users of the marriage brokerage business, thereby contributing to the formation of a sound marriage culture by protecting its users (Article 1). The Marriage Brokerage Act provides that in order to achieve the above legislative purpose, the Marriage Brokerage Act prohibits an international marriage broker from bearing an obligation to provide personal information to users or from performing a certain act.

In other words, an international marriage broker shall not introduce more than 18 years of age to a user who has entered into a marriage brokerage contract and obtain personal information from the other party to the marriage brokerage contract and provide the other party and the user with such information in writing (Article 10-2(1) main text). An international marriage broker shall not introduce more than 2 other parties to a user who is under 18 years of age, or introduce more than 2 other parties to a user at the same time, or introduce not less than 2 users at the same place in concurrent or successive manner, or allow more than 2 foreign users to be accommodated in the same place for the purpose of marriage brokerage (Article 12-2). Meanwhile, a party to the contract shall be reasonably determined based on specific circumstances before and after the conclusion of the contract (see Supreme Court Decision 94Da4912, Sept. 29, 195).

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