2018 Correction of S 40 Register

Re-appellant

Busan Family Court Order 2018 Brazil9 dated May 2, 2018

January 9, 2020

The decision of the court below shall be reversed, and the case shall be remanded to the Busan Family Court Panel Division.

The grounds for re-appeal shall be determined.

1. The system for the registration of family relations is in accordance with the procedure prescribed by the Act on the Registration, etc. of Family Relationship B (hereinafter referred to as the “Act on the Registration, etc. of Family Relationship”) concerning the occurrence of and changes in family relations, such as the birth, marriage, death, etc. of a citizen;

It is a system to register and make public notification and notarial deeds on a family-related register (Articles 1 and 9). Accordingly, the family-related registration book is presumed to be lawful and to be consistent with this truth (see Supreme Court Decision 86Meu119, Feb. 24, 1987). However, in a case where there is any evidence contrary to the entries in the family-related register or where there is a special circumstance to deem that the entries are not true, such presumption may be reversed (see Supreme Court Decision 94Da1883, Jun. 10, 1994). Accordingly, even if any of its status is recorded in the family-related register, if it is obvious that the entries therein are not consistent with this truth, the family-related registration book should be amended so that the true relation should be added to the registration of the family.

2. According to the reasoning and record of the lower judgment’s decision, the following facts are revealed.

A. The applicant and the defendant (the re-appellant; hereinafter referred to as the "applicant")'s father are the writers who had a lot of interest in the use of Korean language, and are called '△△△△' due to sexual (name)'. Since 1945, the plaintiff and his children, including the applicant, were working as the name of △△△△△△. Accordingly, the applicant has been living in the Republic of Korea using the name of 'Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai, Mai.

B. In the name column of the official seal affixed to the official seal or the name column of the Minister for Delivery of Do Branch or Do Office or Do Office on AA, which was published in the 1950s, the name of the applicant's family relation certificate is written in the name column of the applicant's family relation. The name column of the applicant's family relation certificate is written in the name of Doi-dong name as Doi-dong name as Doi-ri, Doi-ri, Doi-ri, Doi-ri, Doi-ri, Doi-ri, and △△△△△.

C. The name column of the applicant's current family relation register is written as "O (00) of the applicant's name, but is written as "00 in the applicant's resident registration list", and the applicant's passport and the driver's license are written as "a letter", respectively.

D. After the mother died, the applicant filed an application for registration of inheritance with respect to inherited property, but was dismissed on January 16, 2018 on the ground that the name of the heir on the application and the family relation certificate was different.

E. The applicant’s children agree to correct the applicant’s family relation registration injury (name) in Korean as “i.e., a correction in terms of terms and conditions”.

3. 원심 은 신청인 의 가족 관계 등록 부상 성의 한글 표기 가 ' ◁ ' 으로 되어 있는 것이 가족 관계 등록 법 제 104 조 제 1 항 또는 제 105 조 제 1 항 에서 정한 정정 사유 에 해당 한다고 보기 어렵다는 이유로, 성의 한글 표기 를 ' □ ' 으로 정정 해 달라는 신청인 의 신청 을 받아들 이지 않았다 .

However, the above decision of the court below is difficult to accept for the following reasons.

A. (1) On July 1, 1994, the former Rules of the Family Register Act (amended by the Supreme Court Regulation No. 1312, Jul. 11, 1994), the name column of the family register and this column shall be excluded, and the former Rules shall be recorded in one Korean language only if they cannot be recorded in the Korean language. The proviso of Article 70 (2) of the former Rules of the Family Register Act amended on July 11, 1994 excluded the former Rules from the name column of the family register, and the latter shall be recorded in the Korean language only if the former Rules No. 9 are recorded in the Korean language only after the entry of the new Rules No. 999, and if the former Rules No. 99, the former Rules No. 1000, the former Rules No. 1000, Nov. 30, 199, the former Rules No. 2010, Nov. 7, 201>

(3) From January 1, 2008, the Family Register Act was enacted, and the current family relations register was drafted based on the family register which had been computerized work as above.

B. (1) If the name in the family register, as described above, written only in Chinese characters, includes several Chinese characters in the name in the process of recording the Korean name in the name of the family register, it seems that the Korean name, unlike the Korean sign actually used, is written differently from the Korean sign in which the parties actually used.

(2) In the process of recording the Korean name in the family register written only in Chinese characters or recording it into the family relation register, there is no data to view that the process of confirming the Korean name actually used by the public official in charge of the family register was completed for the applicant.

C. In light of the contents of the former Act and subordinate statutes on the family register and the circumstance surrounding the preparation of the family-related registry, the aforementioned factual relationship is determined as follows.

(1) At the time of birth, the applicant has formed an area of his/her official and private life for a long time by using his/her Korean language name as referring to e.g. at the time of birth. In addition, the applicant's resident registration card, passport, and driver's license is indicated as referring to various public systems for the purpose of identifying identification cards, such as the applicant's resident registration card, passport, and driver's license.

(2) In the name column of the applicant’s family register for about 50 years until around 1994, since this birth of the applicant and the entry of the applicant’s name in Korean on the family register, there is room for putting the applicant’s name in Korean as "○○" in the name column of the applicant’s family register since 1994, or in the name of the applicant’s actual use in the process of computerization of the family register in the 2000s, unlike “the Korean name that was used in the process of computerization of the family register in the 200s,” unlike “the Korean name that was used in the process of computerization of the family register in the 200s, is not consistent with the applicant’s intention.”

(3) If it is alleged that the applicant’s actual sex (name) differs from the Korean language performance recorded in the applicant’s family relation registry, and that there was a difference in the outcome recorded in the gender registry, such as submission of the resident registration card, passport, etc. used for the applicant’s identification card for a long time, it should be deemed that the entry in the family relation registry is inconsistent with the truth and thus becomes subject to correction.

Therefore, there may be room to view that the portion recorded in the applicant's family relation registry in Korean "B" falls under the case where it is clear that it does not conform to the truth. In this case, it is reasonable to view that it falls under the case where there is an error in the description of "as stipulated in Article 104 (1) of the Registration of Family Relationship Act" and is subject to correction.

D. The reason why the applicant filed the instant application does not intend to modify or create the applicant’s outcome and origin, as it is intended to correct the Korean language gender erroneously stated in the family relations register.

E. Ultimately, in the instant case where the applicant’s family relations register, other residents, etc. used to indicate his/her identification card, passport, etc. are recorded in the Korean language name, i.e., “i., e., “i., e.,” and where the entry of public books on his/her name is inconsistent, and as a result, there was an obstacle to realizing rights, such as inheritance registration, etc., in this case, the applicant’s family relations register, and the applicant’s family relations register was used as “Korean language e.g., “i., e., the applicant’s family relations register.” If the applicant’s family relations register is used as “i., e., the applicant’s family relations register,” and the applicant’s family relations register’s family relations register’s purpose and function are to be corrected as “i., e., the applicant’s family relations B” to comply with the applicant’s family relations’s original purpose and function of disclosure by securing the authenticity of the relevant family register.

Nevertheless, the lower court rejected the Plaintiff’s assertion on the correction of the applicant’s family relations registry. In so doing, the lower court’s decision erred by violating the relevant provisions of the Family Relationship Registration Act and thereby affecting the judgment. The grounds for reappealing this point are justifiable.

4. Therefore, the decision of the court below is reversed and the case B is remanded to the court of the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

January 9, 2020

Justices Jo Hee-de

Justices Kim Jae-hyung

Justices Min You-sook of the District Court

Justices Lee Dong-won