[호적정정][공1983.3.1.(699),367]
In case where a person who is missing and whose life or death is unknown is registered in the family register, the family register is cancelled by the correction of the family register in accordance with Article 120 of the Family Register Act (negative)
The correction of a family register pursuant to Article 120 of the Family Register Act is limited to cases where the matters to be corrected are minor, and in cases where the matters to be corrected have a serious impact on the Family Register Act, such as birth, death, marriage and expulsion from marriage, father-child relationship, and the permanent domicile of mother, such correction shall not be made unless it is determined by a final judgment. Thus, even if the family register was registered as deceased on December 12, 1974 as of the person whose birth and death had not been known until now since June 25 was missing as of December 18, 1956 as of the person whose birth and death had not been known, the entry itself on the family register itself cannot be deemed as a rightful invalidation. Thus, the original decision that permitted the correction of the family register by deeming the above entry as a legal nullity and
Article 120, Article 123 of the Family Register Act
Supreme Court Order 80S4 Dated November 26, 1981
[Judgment of the court below] The legal representative of the Re-Appellant
Applicant
Principal of the case
Seoul Family Court Order 81B134 dated June 25, 1981
The original decision is reversed, and the case is remanded to the Seoul Family Court.
The re-appeals by the legal representative of the re-appellant are examined.
The original decision is based on the documentary evidence, and since the time of the accident of June 25, the principal of the case was missing, it is not known until now, and it is recognized that the family register was registered as the person on December 12, 1974 due to the death of September 18, 1956, and the above fact that the death was entered on the family register does not take effect only by the fact that the death was entered on the family register, so the above family register is judged to be null and void as a matter of course and can be cancelled by the procedure of correcting the family register in accordance with Article 120 of the Family Register
However, Article 120 of the Family Register Act provides that the entry in the family register shall not be legally permitted, or if there is an error or error in the entry, an interested person may apply for the correction of the family register with the permission of the court. It shall be limited to the case where the correction of the correction is minor in light of the simple procedure, and where the correction of the correction has a serious effect on the family law or inheritance law, such as birth, death, marriage and marriage, the removal of the register from the register, the parent-child relationship, and the permanent domicile of the mother, it shall not be corrected without the final judgment (see Supreme Court Order 80S44, Nov. 26, 1981). The entry in the family register itself in this case shall not be considered to be null and void as a matter of law, and it shall be pointed out that the original decision to permit the cancellation of the statement of the death upon the application of an interested person has influenced the trial by misunderstanding the legal principles on the correction of the family register.
Therefore, the original decision is reversed, and the case is remanded to the Seoul Family Court, which is the original judgment, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Jong-young (Presiding Justice)