Effect of Death Report

1. A death report is not a creative report, but a constructive report is merely a report, and thus, a death report does not take effect for a person who actually lives together, and it is not a report itself that the existence of the parent-child relationship or the existence of the father-child relationship is confirmed as invalid, so it does not affect any effect under the Family Register Act or the inheritance law.

2. Even though a false report of death was entered on the family register with respect to a surviving person, it is not in conformity with the truth, and thus, it is sufficient to correct it by means of a correction of the family register with the permission of the court, and therefore, it cannot be the subject of a lawsuit for confirmation.

Articles 15 and 123 of the Family Register Act

A and 2 others

B

Seoul High Court Decision 79Reu30, 31 decided October 8, 1979

The appeal is dismissed.

The costs of appeal shall be assessed against the appellant.

The grounds of appeal by the appellant are examined.

In a case where there is a dispute between the reporter on the correction of the family register or the person concerned on the validity of the report, or where there is a serious impact on the relative law or inheritance law, the correction of the family register shall be made only by a final judgment, and it shall not be based on the procedure of correction of the family register in the Family Register

However, in this case, there is no dispute that the report of death does not have the effect of death for a person who actually lives on the ground that the report of death was not a creative report, but a report of death is merely a report of death, and in addition, it does not have any effect on the Family Register Act or the Inheritance Act, since the report of death was made by the respondent on the ground that the existence of the parent-child relationship between the claimant and the respondent is confirmed or the effect of recognition is not confirmed.

Therefore, even though the court below's false report of death entered the death in the family register with respect to a surviving person, it is inconsistent with the truth, and therefore it is required to correct it by the method of correction of the family register with the permission of the court in accordance with the provisions of Article 120 of the Family Register Act, so the loss of the report of death can not be the object of legal confirmation, and as to the person who already reported the birth of the deceased and has already become effective as the result of the report of birth, it is just in holding that the non-existence of parental relation can not bring about the validity of recognition unless there is a final judgment of non-existence of parental relation, and there is no violation of law or contradiction in the reasoning of the judgment.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Byung-soo (Presiding Justice)