| Nationality |
Korean(Vietnamese Spouse) |
| Case Overview |
This case involved a spouse who entered the country using someone else’s identity. When deportation was imminent, we initiated a lawsuit to nullify the marriage registration and a separate suit to confirm the biological parent-child relationship. |
| Special Circumstances |
This was a complex case involving both immigration and family law, where the immigration status of a foreign spouse—facing imminent deportation—led to legal proceedings that addressed both the annulment of the marriage and the confirmation of a biological parent-child relationship. |
| Case Handler |
Ji-Na Hong |
| Outcome |
Marriage Annulment Granted and Paternity Confirmed |
1. Client Situation and Facts
The client in this case had been married to a Vietnamese spouse for over 10 years and was raising two elementary school-aged children together in Korea. However, a recent investigation by immigration authorities uncovered that the spouse had entered Korea using someone else’s identity—placing the entire family in an unexpected legal crisis.
In fact, the spouse had originally entered Korea on a short-term visa sponsored by her older sister but was previously deported after overstaying her visa. Believing it would be difficult to re-enter the country through legal means, she attempted to re-enter Korea using another person’s identity, and under that false identity, even registered her marriage to the client.
Once this was discovered by the immigration office, the spouse’s visa was canceled and deportation was imminent, putting the legal status and residency stability of the entire family at serious risk.
Faced with this unforeseen crisis and the fear that their family could fall apart, the client turned to Majung Law Firm, which specializes in foreign-related legal matters, for help in resolving the situation.
2. Case Issues and Resolution Process
The central issue in this case was twofold: proving that the marriage registration under a false identity was legally invalid, while establishing the existence of a de facto (common-law) marriage; and demonstrating the significant harm the family would suffer if the foreign spouse were forcibly deported.
1) Claim for Annulment of Marriage Registered Under a False Identity and Recognition of De Facto Marriage
The client’s spouse had entered Korea using another person’s identity, registered the marriage under that name, and raised children with the client. In other words, while the official documents reflected a marriage based on false identity, the couple had in reality built a life and family together as husband and wife. Majung Law Firm argued that although the marriage registration was legally invalid due to the identity fraud, the relationship itself—built over many years of cohabitation and child-rearing—should be recognized as a valid de facto marriage.
2) Urgent Need to Restore Legal Identity and Confirm Biological Relationship of the Children
Legally, the children were registered as those of a person whose name had been fraudulently used. However, in reality, the spouse had been their biological mother and primary caregiver, deeply involved in their upbringing. Majung approached this issue not as a mere administrative error but as a matter of restoring the children's legal identity and family ties. We stressed the urgent need for a paternity confirmation suit to legally establish the true parent-child relationship.
3) Challenging the Deportation Order and Arguing for Family Protection
The immigration office had canceled the spouse’s visa and announced deportation based on the use of a false identity. However, Majung argued that removing the children's biological mother and primary caregiver from the country would dismantle the family unit and severely threaten the survival and well-being of those left behind. Therefore, we claimed that the deportation order went beyond an administrative sanction—it amounted to a violation of family rights and should be overturned in accordance with the principle of family protection.
Majung Law Firm approached this not as a mere paperwork issue, but as a deeply human and legal crisis. We responded to each challenge with realistic and targeted legal strategies. As a result, the family's decade-long life together was recognized in law, and both the spouse and children regained a stable foundation to continue living together in Korea.
3. Case Outcome
Based on its extensive experience in international divorce and immigration cases, Majung Law Firm actively advocated for the foreign spouse’s continued stay in Korea. As a result, the deportation order was revoked, allowing the client’s family to remain in Korea with legal stability.
Following the court’s decision, the family registry was corrected, restoring the child’s legal status as a biological child. The spouse also regained legal recognition as a family member, securing a stable foundation for continued residency in Korea.
4. Significance of Judgement
This ruling is especially significant in that it went beyond simply correcting paperwork—it legally recognized a relationship that had existed as a real family. The court determined that issues with the spouse’s entry into the country should not invalidate the life the family had built together. Instead, it prioritized protecting the relationship between the children and their biological mother and preventing the breakup of the family unit.
This case was a complex one involving multiple overlapping issues: the validity of the marriage registration, recognition of a de facto (common-law) marriage, correction of a child’s legal status, and a deportation order. In such situations, where family and immigration matters intersect, the involvement of a legal representative with specialized knowledge and experience in foreign-related cases is essential.
At Majung Law Firm, we offer tailored legal support backed by hands-on experience, including professionals with backgrounds in immigration enforcement and attorneys certified in family law by the Korean Bar Association.
