Main Issues
The cancellation of unlawful entry in the family register injury on the basis of the method of appeal for the disposition of the Si/Eup/Myeon.
Summary of Judgment
As long as the head of Eup/Myeon/Dong entered the family register on the report, even if the entry is illegal or invalid, the correction is not a procedure for correction of the family register in accordance with Article 120 of the Family Register Act, but it is not a procedure for objection to the disposition of the head of Si/Eup/Myeon.
[Reference Provisions]
Article 120, Article 125 of the Family Register Act
Re-appellant
A
Principal of the case
B
Judgment of the lower court
Gwangju District Court Order 83BB1 dated September 24, 1983
Text
The reappeal is dismissed.
Reasons
If the head of a Si/Eup/Myeon makes entries in the family register with respect to a family register case, even if the entry is illegal or invalid, it is interpreted that such correction is not a procedure for correction of the family register in accordance with Article 120 of the Family Register Act, but it is not a procedure for objection to the disposition of the head of Si/Eup/Myeon.
Therefore, as long as the appointment of guardian C was entered in the family register of minor B by the report, the report of the appointment of guardian C is accepted, and as to the disposition of the head of the Dong where the report of the appointment of guardian was not accepted by the re-appellant, the above appeal cannot be permitted, and as such, the decision of the court below which judged that the appeal of the re-appellant's appeal is unlawful, the reappeal's appeal is justified, and it is without merit.
This is decided by the assent of all participating judges.
Justices Jeon Soo-hee (Presiding Justice)