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(영문) 부산고법 1992. 6. 19. 선고 92구558 제1특별부판결 : 확정
[제적등본발급처분취소등][하집1992(2),584]
Main Issues

1. Method of appeal against any unlawful or unjust disposition taken by the head of Si/Eup/Myeon with respect to a family registration case;

Summary of Judgment

1. The method of filing a complaint against an illegal or unjust disposition by the head of a Si/Eup/Myeon with respect to a family registration case shall be permitted only to file an appeal pursuant to Articles 125 (1) and 127 (1) of the Family Register Act, which provide for a special appeal procedure, and no institution of a general administrative litigation

2. Since there is a possibility that the removal from a market register is forged or altered, a disposition rejecting the issuance of a certified copy on the ground that an instruction from the court for special management, such as the issuance of a certified copy and the control of inspection, constitutes a disposition taken by the head of Si/Eup/Myeon with respect to a family register case subject to the above special appeal procedure, and thus, a lawsuit filed by a general administrative litigation is unlawful.

[Reference Provisions]

Article 2 of the Administrative Litigation Act, Articles 125 and 127 of the Family Register Act

Plaintiff

Norms

Defendant

Pool Market

Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Purport of claim

The Defendant’s failure to issue a certified copy of the Non-Party 38 Non-Party Ro-ri’s Non-Party 38 Non-Party Ro-ri’s No. 35 on November 28, 1991 to the Plaintiff is revoked.

Reasons

As the cause of the claim in this case, the plaintiff filed a request for the issuance of a certified copy of the non-party 38, the permanent domicile of the non-party 1, 27 November 1991 with respect to the non-party 38, Dong-ri, Dong-ri, Dong-ri, Dong-ri, which was the plaintiff's assistance division, against the defendant, and on the 28th of the same month, he refused the issuance of the certified copy on the ground that he had the order for special management, such as the issuance of the certified copy and the control of the inspection, because the removal from the register was likely to be forged or altered. The defendant has a duty to comply with the request for the issuance of the certified copy in relation to the register of removed copies under his custody, and therefore, the disposition not to issue the certified copy should be revoked as an unlawful or unfair disposition against the plaintiff in violation of the above duty.

However, Article 125(1) and Article 127(1) of the Family Register Act provides that an interested party may file an objection with the competent family court against any unlawful or unjust disposition of the head of Si/Eup/Myeon with respect to the family register case prior to the merits. When a request is groundless, the family court shall dismiss such request and order a reasonable disposition to the head of Si/Eup/Myeon. In general, the filing of an administrative litigation shall be an objection against the illegal administrative disposition. However, the filing of the administrative litigation shall be an objection against the illegal administrative disposition. However, the family court's decision subject to the adjudication by the competent family court, which supervises the family register affairs of the head of Si/Eup/Myeon, rather than the subject of the administrative litigation as a general administrative disposition, shall be considered to be more prompt and proper to resolve the dispute, and it shall be deemed that the above special appeal procedure of the head of Eup/Myeon with respect to the prior disposition of the family register shall be permitted only to file an objection in accordance with the above Family Register Act, but it shall not be permitted to file an objection against the general administrative litigation procedure.

Therefore, since the lawsuit of this case is unlawful, it is decided as per Disposition by the assent of all participating Justices to dismiss it without any need to decide on the merits.

Judges Ansan-gu (Presiding Judge)

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