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Recommended Issuance of Visas to Korean Residents in China [2003] KRNHRC 40 (1 June 2003)

The victim voluntarily reported her illegal stay in Korea to marry the complainant, after
which the two departed to China in January 2003, in accordance with the order to depart
Korea, and registered their marriage in China. In June 2003, they registered their marriage
in Korea, after which they applied for visas two times but were rejected. They filed a
complaint with the Commission on this case.

The Commission concluded that disapproval of visa issuance for the victim of the
respondent was against the duties of the state to protect the family and children under the
Constitution, international covenants, and the Child Welfare Act. Given that the complainant
and the victim voluntarily reported her illegal stay to marry and departed Korea and that the
complainant visited China several times to maintain the marriage, the Commission decided
that the complainant and the victim should be permitted to maintain a normal marriage life.
The Commission recommended issuance of a visa for the victim so that she could enter
Korea, and the Ministry of Justice accepted the recommendation.