In a nutshell, whenever you marry a Korean citizen, you get an F-6-1(also called F-6-A) visa. If you end up divorced however have a toddler to boost who has Korean citizenship, you get an F-6-2(F-6-B) visa. The third kind of visa, F-6-3(F-6-C), is kind of distinctive. It’s issued if you end up divorced however haven’t any little one to boost, however nonetheless, the divorce is your partner’s fault.
On this article, we’re going to talk about the third one, the F-6-3 visa intimately.
The Legislative Function of The F-6-3 Visa
Why does Korean legislation have this sort of visa? The legislative objective of this clause is to offer a humanitarian keep allow to foster your proper to divorce. As an example, you could be already dwelling in South Korea, and having your individual job right here, however your partner commits home violence towards you, or having an affair with one other individual. You don’t suppose that you may maintain this life along with your partner, and need to divorce, however your visa issues. Your F-6-1(a) visa will expire if you end up divorced. Your Korean partner can also exploit your weak point in that you simply can’t be divorced if you wish to keep in Korea.
F-6-3 visa is strictly to alleviate people who find themselves on this state of affairs. F-6-1(c) defines the eligibility of the visa as “[the applicant shall be] an individual who can not preserve a traditional matrimonial relationship due to causes not attributable to oneself.” If it’s not your fault for the divorce, then you definately nonetheless can preserve your keep in Korea, even in case you are not Korean.
Causes Not Attributable To Oneself
So, what are the explanations not attributable to oneself? Within the Civil Act, sure causes are stipulated causes for judicial divorce.
Article 840 (Causes for Judicial Divorce)
Both husband or spouse might apply to the Household Court docket for a divorce in every case of the next subparagraphs: <Amended on Jan. 13, 1990>
If the opposite partner has dedicated an act of unchastity;
If one partner has been maliciously abandoned by the opposite partner;
If one partner has been extraordinarily maltreated by the opposite partner or his or her lineal ascendants;
If one partner’s lineal ascendant has been extraordinarily maltreated by the opposite partner;
If the loss of life or lifetime of the opposite partner has been unknown for 3 years;
If there exists every other critical trigger for making it tough to proceed the wedding.
These are the causes that you may declare divorce towards your partner. Even in instances whenever you and your partner haven’t reached an settlement to divorce if in case you have sure points that fall below the clauses hereinabove, the decide will settle for your declare.
Aside from Subparagraph 6, Subparagraphs 1 to five clearly state particular causes for divorce. These are causes that make a wedding unsustainable, comparable to unchastity (merely saying, adultery), malicious desert (you shall not desert your partner when your partner wants assist. It is a authorized obligation), or excessive maltreatment (contains home violence, however a broader idea.) In case of those, the completeness of your marriage should be broken, so you can’t stand dwelling along with your partner anymore. Due to this fact, what falls below these clauses shall be the explanations not attributable to oneself.
Duality of The Topic of The Resolution and The 2018Du66869 Supreme Court docket Resolution
Nonetheless, the issue stays. Those who decide the “purpose” are cut up in two. It is a widespread phenomenon in up to date democratic societies. Those who shall resolve the existence of the causes of judicial divorce are the judges of the judiciary. Nonetheless, those who shall problem the F-6-3 visa to you’re the officers of the executive, particularly the officers of the Ministry of Justice (법무부). Then, the officers of the Ministry of Justice shall as soon as once more look at the the reason why you and your partner had divorced. On this case, can the officers of the Ministry of Justice overturn the presence of ”causes not attributable to oneself”? As an example, can the Ministry of Justice say that “it’s also your fault for the divorce, so the F-6-3 visa shall not be issued”? The 2018Du66869 resolution of the Supreme Court docket is the reply to this query:
“Though the court docket in control of an administrative lawsuit shouldn’t be certain by findings of truth in a related judgment that turned remaining, details acknowledged within the related remaining judgment function sturdy evidentiary supplies in an administrative lawsuit. Therefore, inasmuch as there aren’t any particular circumstances making it tough to undertake the willpower of details made within the related remaining judgment in view of different proof submitted in an administrative lawsuit, details contradicting what was acknowledged within the related remaining judgment shall not be accepted. Moreover, we anticipate that household court docket judges below our authorized system can take advantage of correct willpower relating to the problem of “who is especially accountable for the breakdown of marriage,” and thus, until particular circumstances come up, the immigration authority or the court docket in control of an administrative lawsuit must respect the determinations made by the household court docket in a remaining divorce judgment in relation to the granting of a standing of keep for marriage-based immigration [F-6 Item (c)]. The court docket should chorus from readily overturning determinations of a remaining divorce judgment on the only foundation of the circumstances which will have been omitted from the findings of details and willpower of legal responsibility within the remaining divorce judgment, that are attributable to the failure of the events to the divorce lawsuit to actively assert or show such circumstances, and should be extraordinarily cautious in rendering a willpower completely different from the ultimate divorce judgment.”
Supreme Court docket Resolution 2018Du66869, determined July 4, 2019,
In accordance with this resolution, essentially the most correct willpower relating to “who is especially accountable for the breakdown of marriage” is anticipated to be made by the Household Court docket. Due to this fact, if the choice of the household court docket states that it’s a Korean partner’s fault for the divorce, then the officers of the Ministry of Justice shall comply with the choice. To overturn the willpower, the officers should be “extraordinarily cautious,” when rendering the choice, which signifies that there must be sufficient proof and important causes for that. Briefly, the judgment of the Household Court docket relating to the explanation for divorce has a de facto binding pressure upon the Ministry of Justice.
Conclusion
F-6-3 Visa is enacted to offer humanitarian aid to those that endure from a dangerous marriage. You’ll be able to terminate your marriage life by a lawsuit, after which be granted an F-6-3 visa with the choice of the household court docket. Furthermore, until there are particular and important causes to overturn the choice, the examination of the household court docket that your partner is the one who’s accountable for the divorce shall not be overturned.
Seoul Regulation Group has varied experiences with divorce instances. For those who want any assist, please don’t hesitate to contact us.
