The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that Vietnam shall not be certified in a written confirmation of status of marriage unless it is for the report of marriage, and it is impossible to obtain confirmation from the Korean consular official unless it is certified as foreign affairs.

Therefore, it is practically impossible for the defendant to provide users with personal information confirmed by the Korean consular official. Therefore, the defendant is not liable because there is no possibility of expectation of lawful act.

2. Determination

A. Article 10-2(1) of the former Act on the Management of Marriage Brokerage (amended by Act No. 1441, Dec. 20, 2016; hereinafter “former Marriage Brokerage Act”) stipulates that “International marriage broker shall obtain personal information, such as marriage experience, health status, occupation, and criminal experience, from a user who has entered into a marriage brokerage contract and the other party to the marriage brokerage (hereinafter “the other party”), and provide the other party with such personal information (including evidential documents) in writing after obtaining certification from a notary public of the pertinent country.

However, where a user or the other party has obtained authentication from a notary public in a foreign country, the user or the other party shall obtain confirmation from the consular official pursuant to Article 30(1) of the "Notarial Acts of the Overseas Diplomatic Organization" or obtain confirmation pursuant to the "Convention Abolishing the Requirement for Authentication of Foreign Public Document".

Article 30 (1) of the former Act on Notarial Acts of Foreign Diplomatic Missions (amended by Act No. 14405, Dec. 20, 2016) provides that "the consular officials of the country of residence may, at the request of the requester, confirm the authenticity of the seals or signatures affixed to a document authenticated by a notary public of the country of residence and the position of the said public official or notary public.

However, if the country of residence is a party to the Convention which has requested the abolition of certification of a foreign official document, the provisions of the said Convention shall govern.

Article 26(2) of the former Marriage Brokerage Act.