(영문) 부산가정법원 2020.2.12.자 2020브2 결정

2. A license is granted to correct "the Korean version of name in the family relation register of the applicant and the applicant and the family relation register of the person in question" as "a gold."

Purport of request and purport of appeal

It is as set forth in the text.

Reasons

1. The applicant and the principal of the case

Although the applicant and the principal of the case (hereinafter referred to as the "applicant") have used the sex as a gold for a period of time in the daily life, and the sex of the resident registration is also stated as a gold, the Korean translation of the sex in the family relations register has been made as Kim, so the Korean translation of the sex in the family relations register should be corrected as a gold, the decision of the first instance court that dismissed the applicant's application of this case is unfair.

2. Determination:

A. Relevant legal principles

The family relation registration system shall be in accordance with the procedure prescribed by the Act on the Registration, etc. of Family Relationship (hereinafter referred to as the "Family Relationship Registration Act") for the establishment and change of family relations, such as the birth, marriage, death, etc. of a

A system that registers in the family relations register and discloses and certifies the same (Articles 1 and 9). Accordingly, the family relations register division is legitimate and presumed to be consistent with the truth (see Supreme Court Decision 86Meu119, Feb. 24, 1987). However, in a case where there are any evidence contrary to the entries in the family relations register or where there are special circumstances that make it difficult to deem the entries in the family relations register to be true, the presumption may be reversed (see Supreme Court Decision 94Da1883, Jun. 10, 1994). Accordingly, where it is obvious that the matters entered in the family relations register are inconsistent with the truth even if they were entered in the family relations register, the family relations register shall be amended to make the entries known to the public.

B. According to the records of the case, the following facts are recognized. (1) The applicant's father is a tenant who has a lot of interest in the use of Korean language, and the name is "Balan". Since 1945, the applicant was active in the name of "Balan" and his children, including the applicant, and the applicant was written in the name of "Balan". Accordingly, the applicant was living in the name of "Y ○○", "Y △△△," "Y △△," and "Y △△△," respectively. (2) In the 1950s, the applicant's name was written in the applicant's name of "O" as "O's name of the applicant (the applicant's name was entered in the name of "O" as "O's name and the name of the heir" as "O's name and the name of the applicant was entered in the "O's name and the name of the heir" as "O's name and the name of the applicant (the applicant's name of "O" as "O's name and the name of the applicant").

5) The children of the applicant agree that the family relations register of their children shall be corrected from "in Korean characters on their family relations register to "gold."

In full view of the following circumstances recognized by the record, it may be possible to view that the part in which the applicant's family relation register " Kim" is not consistent with the truth. In this case, it is reasonable to say that it is the subject of correction "if there is an error in the entry" as prescribed by Article 104 (1) of the Family Relationship Registration Act. (1) The enforcement rules of the former Family Register Act (amended by Act No. 1312, Jul. 11, 1994) have to be stated in Korean only one if it is not possible to indicate the name column of the family register as one. The proviso of Article 70 (2) of the former Enforcement Rules of the Family Register Act (amended by Presidential Decree No. 19970, Jul. 11, 1994) has to be stated in the Korean language-based computerized recording or recording of the applicant's family register as one of the following:

C) As of January 1, 2008, the Family Register Act was abolished, and the currently registered family register book was prepared on the basis of computerized work as above. 2) If a person is included in the name recorded only one as above in Korean on the name column of the family register, it seems that the Korean name used by the parties was written in Korean as well as the Korean name written in the family register, unlike the Korean name actually used. (B) There is no reason to view that there was a procedure of confirming the applicant’s name in Korean on the family register only one side or in the process of using it as the same as the Korean name written in the family register for 19 years, the applicant’s name was written in 19 years from 00 to 9 years from 10 years from 4 years from 20 years from 30 years from 20 years from 20 years from 200 to 30 years from 4 years from 30 years from 30 days from 30 days from 200, 40 years from 'the applicant’s name or the applicant’s name written in his family register.

C) If it is found that the actual sex of an applicant is different from that recorded in the family relations register, by asserting that he/she has actually used for issuing his/her identification card, passport, etc., and thus, it has been different from that recorded in the family relations register for a long time, even in such cases, entry in the family relations register shall be deemed to be inconsistent with the truth and thus, shall be deemed to be subject to correction. 4) The reason why the applicant filed the application for this case does not change or create the applicant's origin of the family relations register as to whether it is intended to correct the Korean sex recorded in the family relations register or not. 5) Ultimately, it is written in the Korean character of "gold in other resident registration cards, passport, etc. used for verifying his/her identity in addition to the applicant's family relations register," and thus, it is reasonable for the applicant to ensure that "the applicant's true family relations register should be formed with his/her Korean language "from this time of birth or one year after the date of birth of the applicant," thereby securing the applicant's true family relations register.

It also conforms to the original purpose and function of the family relation registration system that publishes the relationship.

3. Conclusion

If so, the applicant's application of this case is reasonable and the decision of the first instance court is unfair with different conclusions, so the decision of the first instance court is revoked by accepting the applicant's appeal and the decision of the first instance court is revoked, and it is the same as the order with the permission of the applicant to accept the application.

February 12, 2020