Whether the application for divorce between consultation falls under the documents submitted to the court under Article 2 (1) of the Judicial Documents Act

In light of the relevant provisions of Article 79-2 of the Family Register Act, Article 5 (4), Article 6, Article 7 (3) of the Enforcement Rule of the same Act, and the Supreme Court's established rules and regulations on the handling of family affairs, the report of divorce falls under the documents submitted to the court as provided in Article 2 (1) of the Judicial Documents Act.

Article 2 (1) of the Judicial Documents Act

Defendant

Defendant

Busan District Court Decision 86No1090 delivered on February 17, 1987

The appeal is dismissed.

The defendant's grounds of appeal are examined.

With respect to No. 1:

Examining the evidence at the time of the first instance judgment maintained by the court below, the court below is justified in finding the defendant guilty of the preparation of a written application for confirmation of the intention of divorce, and there is no reason to discuss the facts in violation of the rules of evidence.

With respect to the second ground:

According to Article 79-2 of the Family Register Act, Articles 5(4), 6, and 7(3) of the Enforcement Rule of the Family Register Act, and the Supreme Court's established rules (legal No. 8), etc., the application for confirmation of intention of divorce shall be accompanied by three copies of the divorce declaration, and the legal administrative officer, etc. shall affix the official seal to the divorce declaration and the agreement submitted to the public officials of Si/Gu/Eup/Myeon, and the written report of divorce shall be submitted with the official seal of the legal administrative officer, etc. In addition, the written confirmation of intention of divorce and the written report of agreement to be submitted to the public officials of Si/Gu/Eup/Myeon shall be accompanied by the written confirmation of intention of divorce and the written report of agreement shall be submitted with the official seal of the legal administrative officer, etc.

In the same purport, the court below is just in finding the defendant guilty on the ground that the report of divorce was submitted to the court, and there is no error in the misapprehension of legal principles such as the theory of lawsuit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Man-hee (Presiding Justice)