Warning against ‘death by decision’… measures to prevent marriage brokerage fraud

It was found that over 2,000 cases of consumer damage related to the marriage brokerage business occurred over the past five years.

According to the Korea Consumer Agency on the 10th, the total number of applications for damage relief related to the marriage brokerage business investigated by the Korea Consumer Agency from 2020 to August this year is 2,038. By year, the number of applications increased by about 50% in five years from 276 in 2020 to 416 in 2024. The number of marriages has decreased by nearly 40% in 10 years, but the number of members joining marriage information companies (determination companies) is increasing, and the related damages are also increasing.

Attorney Lee Eun-sol of Daeryun Law Firm emphasized, "Under the law, the company has an obligation not to provide false information to users, and if it causes damage intentionally or through negligence, it must also be liable for civil compensation. However, if the court determines that a reasonable verification process has been followed, it may be difficult to hold the company responsible, so thorough verification is necessary from the contract stage."

The following is the main content of an interview with lawyer Lee regarding legal action in case of damage related to marriage brokerage.

-What are the most common types of marriage brokerage fraud?

▲There are three main problems. First, there is marital history fraud. This is the case when people hide the fact of divorce or even sign up as unmarried while having a legal spouse. This is the most basic confirmation obligation under the standard terms and conditions.

There are also cases where family relationships, such as one's own occupation or assets, as well as parents' occupations and assets, are falsely disclosed. Likewise, there are often cases of concealing medical history that may have a significant impact on debt status or marriage, such as rehabilitation or bankruptcy proceedings. However, it is also true that there are limitations to verification because the company does not have the authority to check criminal records or sensitive medical history.

-To what extent does a marriage information company have a legal obligation to verify member information?

▲The ‘Act on the Management of Marriage Brokerage Business’ (hereinafter referred to as the Marriage Brokerage Act) states that marriage brokers ‘must not provide false information’ to users. This ultimately means that the company has an obligation to verify information.

According to the ‘Marriage Information Business Standard Terms and Conditions’ first enacted in 2001, it is stipulated to confirm the marital status of members and confirm the veracity of personal information that requires confirmation between the parties, such as education, occupation, and medical history.

In other words, the company bears the duty of care of a good manager to check the authenticity of key information that can be objectively determined through documents such as graduation certificates, employment certificates, and withholding tax receipts submitted by members.

-What punishment will be imposed if a decision maker provides false information in violation of the law? Is punishment possible even in cases of negligence?

▲According to Article 26 of the Marriage Brokerage Act, anyone who provides false information to a user may be punished by imprisonment for up to 5 years or a fine not exceeding 50 million won. However, for criminal punishment, intentionality must be proven, but in practice, in most cases, negligence such as negligence in verification is an issue rather than cases where a company intentionally provides false information.
In this case, Article 14 of the same Act stipulates that ‘if damage is caused to a user intentionally or through negligence, the user is responsible for compensating for the damage.’ To this end, marriage brokers are required to subscribe to guarantee insurance.

-Companies try to evade responsibility based on disclaimers such as ‘there was no problem on paper’ or ‘information may be different’ in the contract. Can I still receive compensation in this case?

▲You must check the disclaimer clause in the contract. Provisions such as ‘the relevant information may differ from reality’ may be invalid. This is because provisions that are unfairly disadvantageous to customers, contrary to the principle of good faith, or that exclude liability due to the business operator's intent or gross negligence, are prohibited.

If this exemption clause becomes invalid, the company's essential liability remains. Article 14 of the Marriage Brokerage Act and the default provisions of the Civil Code require a business to be liable for compensation if damage is caused by its negligence. If you receive a suspicious document and neglect additional verification, this is a violation of the ‘duty of care as a good manager’ and clear negligence, so you can claim civil damages.

-What is the key strategy for a fraud victim to win a lawsuit against the matchmaking company as well as the individual member who defrauded them?

▲To win against a company, you must prove the company's intention or negligence. The main issue is proving that the company knew the facts were false or neglected information that could have been known if they had been a little careful.

For example, if the company promotes the member as an excellent member or guarantees that verification has been completed, this becomes strong evidence to strengthen the company's responsibility. In addition, the key to winning or losing a lawsuit is proving through consultation recordings, emails, text messages, etc. that the member neglected to verify the original documents submitted or ignored obvious suspicious circumstances and pushed ahead with the brokerage.

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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Warning for damage from ‘death by decision’...Measures to prevent marriage brokerage fraud (Go here)