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(영문) 서울행정법원 2015.03.27 2014구합62784
주민등록전입신고수리거부처분취소
Text

1. The Defendant’s disposition rejecting to accept the transfer report of resident registration against the Plaintiff on June 23, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 14, 2014, the Plaintiff reported to the Defendant that he/she moved into the Gangnam-gu Seoul Metropolitan Government C District No. 8 Dong 3 (hereinafter “instant residence”).

B. On June 23, 2014, the Defendant sent a reply to the Plaintiff to the effect that “the moving-in report in the D Village shall be treated on the basis of the D Village Management Register Act, and the Plaintiff is not registered on the said ledger, and thus, it is not possible to process the move-in report” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion from December 2013 to the present place of residence. Since the Plaintiff filed a move-in report with the purpose of residing in the present place of residence for at least 30 days, the instant disposition that did not accept the said move-in report is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) The resident registration place is deemed to be a domicile in various public law relations, and when the resident registration place is reported, the resident registration place shall be deemed to have been reported and move-in report under the Military Service Act, the Framework Act on Civil Defense, the Certification of Seal Imprint Act, the National Basic Living Security Act, the National Health Insurance Act, and the Act on Welfare of Persons with Disabilities. As such, the resident registration place has an important impact not only on public law relations but also on the daily life of residents, it is necessary to coincide with the resident registration place. Moreover, the resident registration is prohibited from double registration and the head

Even after the move-in report, in cases where it is confirmed that the report is false or false, the Mayor, etc. has the authority to correct or cancel the resident registration through certain procedures, etc., it is reasonable to deem that the Mayor, etc. has the authority to examine whether to accept the move-in

(b).

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