[1] The presumption and reversal of the family relation register

[2] The case holding that in a case where Gap entered the name column of the current family relations register as "the whole," but entered as "gold," a resident registration card as "gold," and a passport and an automobile driver's license respectively, and Gap applied for inheritance registration on inherited property after his mother died, but Gap rejected the above application due to the difference between the heir's name on the application form and the family relations certificate, and the competent registry office rejected the application and filed a correction of gender on the family relations register with the court, it is reasonable to correct Gap's family relations register as "gold," in light of all the circumstances

[1] The family relation register system is a system that registers, discloses, and certifies changes in the family relation register, such as the birth, marriage, and death of a citizen, in accordance with the procedure stipulated in the Act on the Registration, etc. of Family Relationship (Articles 1 and 9). Therefore, the family relation register is legally recorded in the family relation register and its entries are presumed to be consistent with the truth. However, such presumption may be reversed if there is any evidence contrary to the entries in the family relation register or there is a special reason to believe that the entries are not true. Accordingly, where it is obvious that the matters entered in the family relation register are not consistent with the truth even if they were entered in the family relation register, the contents thereof should be revised so that the family relation

[2] The case holding that in a case where Gap's current name column of the family relations register is written as "the whole name," but the resident registration card is written as "gold," and the passport and the driver's license is also written as "gold," and the mother of Gap applied for registration of inheritance to inherited property, but Gap rejected the above application due to a difference between the heir's name on the application form and the family relations certificate, and the competent registry office rejected the application, and thus Gap requested correction of gender on the family relations register to the court, the case holding that in a case where Gap formed his public and private life area by using "the whole sex," one of which was born at the time of birth or late, as "Korean gold," and it is reasonable to correct Gap's family relations register as "gold," considering the original purpose and function of the family relations register system in which Gap disclose genuine status by securing the authenticity of entries in the family relations register and disclosing the true status relationship.

[1] Articles 1 and 9 of the Act on the Registration, etc. of Family Relationship / [2] Articles 1, 9, and 104 (1) of the Act on the Registration, etc. of Family Relationship

[1] Supreme Court Decision 86Meu119 delivered on February 24, 1987 (Gong1987, 531) Supreme Court Decision 94Da1883 delivered on June 10, 1994 (Gong1994Ha, 1928)

Re-appellant

Busan Family Court Order 2018B9 dated May 2, 2018

The order of the court below is reversed, and the case is remanded to Busan Family Court Panel Division.

The grounds of reappeal are examined.

1. The family relation register system is a system that registers, discloses, and certifies changes in the family relation register, such as the birth, marriage, and death of a citizen, in accordance with the procedure prescribed by the Act on the Registration, etc. of Family Relationship (hereinafter “Family Relationship Act”). Therefore, the family relation register is legally recorded and its entries are presumed to be consistent with the truth (see Supreme Court Decision 86Meu119, Feb. 24, 1987). However, the presumption may be reversed if there is any evidence contrary to the entries in the family relation register or there is a special reason to deem that the entries are not true (see Supreme Court Decision 94Da1883, Jun. 10, 1994). Therefore, in cases where it is obvious that the entries in the family relation register do not fit the truth even if they were entered in the family relation register, the family relation register should be revised so that its entries can disclose the true family relation register.

2. The reasoning of the lower judgment and the record reveal the following facts.

A. The referring of the applicant and the instant principal (the re-appellant; hereinafter referred to as the “applicant”) are the writers with a lot of interest in the use of Korean language, whose name is the Chinese characters and whose name is the name “○○○”. Since 1945, the names of children, including the applicant, including the applicant, were in Korean language. Accordingly, the applicant used the names of “Seoul △△△△△△△,” “Seoul,” “Seoul,” and both male and female students,” and “Seoul △△△△△,” respectively.

B. The name of “gold○○○” is written in the form of the public official certificate affixed with the official seal of the Do governor or the head of the Si/Gun/Gu on the gold○ issued in the 1950s or the name of the cultural authentication. In the name column of the applicant’s family relation certificate, the name of the female student is written in the name column of the applicant’s family relation certificate, with the name of the female student as “gold○○.”

C. Although the applicant’s name is indicated in the applicant’s current family relation register as “Seoul △△△△△△”, the applicant’s resident registration card is indicated as “Seoul △△△△△△△” and the applicant’s passport and the name of the driver’s license is also indicated as “Seoul △△△△△△”, respectively.

D. The applicant filed an application for registration of inheritance with respect to inherited property after his/her mother died, but the said application was dismissed on January 16, 2018 on the ground that the name of the heir is different from that of the heir on the application form and family relation certificate.

E. The applicant’s children agree that the applicant’s marking of gender in his/her family relations register in Korean shall be corrected from the Gein to the “gold.”

3. The court below rejected an applicant’s application to request the correction of a sex’s Korean indication as “gold” on the ground that it cannot be deemed that the applicant’s indication in Korean in the applicant’s family relations register constitutes a correction ground under Article 104(1) or 105(1) of the Family Relationship Registration Act.

However, the above order of the court below is hard to accept for the following reasons.

A. (1) Under the former Enforcement Rule of the Family Register Act (amended by the Supreme Court Regulation No. 1312, Jul. 11, 1994), the name column and the main column of the family register are to be stated in Chinese, except where it is not possible to be indicated in Chinese. The proviso of Article 70(2) of the former Enforcement Rule of the Family Register Act as amended on Jul. 11, 1994 stipulates that the name column of the family register shall be stated together with Chinese, except where it cannot be indicated in Chinese. Accordingly, in the method of entering a name in the former family register (No. 499 of the former Enforcement Rule of the Family Register Act) enacted on Jul. 30, 1994 (No. 499 of the Family Register Act), a name written in the previous name column shall be stated together in Korean and Chinese. In this case, only one of the previous reporters shall be confirmed if it is not clear that the name of the Chinese person is not in Korean (in Korean language or if it is not known in advance).

(2) Since the commencement of computerized work of the family register since 1999, the former Guidelines for Handling Affairs concerning Computer Transfers, etc. of the Family Register established on April 12, 1999 (No. 577 of the Regulations on Family Register) [Attachment] of the Guidelines for Handling Affairs concerning Computer Transfers, etc. of the Family Register / [Attachment] of the Guidelines for Computer Transfers and Recordings of the Family Register / The name recorded as one person in the column for name shall be recorded together with the Chinese characters. However, if the Korean characters of one person's name are not clear, the former shall be computerized except in cases where the correct Korean characters are confirmed through the reporter, etc.

(3) Since January 1, 2008, the Family Register Act was repealed, and the current Family Register Act was prepared based on the family register which had been computerized work as above.

B. (1) If a person is included in the name of the family registry in which only one person is described as above in the name of the family registry, the Korean name, unlike the Korean name written in which the party actually uses, seems to be written together in the same manner as the Korean name, in the event that the person is included in the name of the family registry in which the name is written together

(2) There is no evidence suggesting that the public official in charge of the family register has undergone the procedure of verifying the Korean name actually used for the applicant in the process of entering or transferring the name in Korean into the family register only one person.

C. The above facts are determined as follows in light of the contents of the former Family Register Act and the process of preparing the family register.

(1) From the birth to the date of birth, the applicant has used his/her Korean name as “Seoul △△△△△△” and formed his/her official and private life sphere for a long time. The applicant’s various public systems for identification verification, including resident registration cards, passports, and driver’s licenses, are also indicated as “Seoul △△△△△”.

(2) From around 1994 to 1994, the applicant’s name was written in the name column of the applicant’s family register for about 50 years prior to the amendment of the statutes related to the family register, and thus, the applicant’s name was indicated as “Seoul △△△△△△” on the grounds that it was not necessary to enter the applicant’s name in Korean in the name column of the applicant’s family register for 1994, or the applicant’s name was written in the process of carrying the name column of the family register in Korean together with the name of the applicant’s name in the process of computerization of the family register in

(3) If the actual gender of an applicant is alleged to be different from the Korean language performance recorded in the family relations register, and it is found that the sex which has been used for a long time by submitting resident registration cards, passports, etc. used for verifying his/her identity has been different from that recorded in the register, the entry in the family relations register shall be deemed as inconsistent with the truth and thus, shall be deemed as being subject to correction.

Therefore, there may be room to view that the part in which the applicant's family relation register "refinites" was written as Korean shall not be consistent with the truth, and in such a case, it is reasonable to deem that it constitutes "a case where there is an error in its entries" as stipulated in Article 104 (1) of the Family Relationship Registration Act, and thus,

D. The reason why the applicant filed the instant application is to correct the Korean language sex recorded in the family relations register, not to change or create the applicant’s surname and origin.

E. Ultimately, in the instant case where the applicant’s name is written in the Korean language name of “gold” in addition to the applicant’s family relation register, and the entry of official books is inconsistent with that of the applicant’s name and an obstacle has occurred in the realization of rights, such as inheritance registration, etc., the applicant’s family relation register should be corrected as “gold” if he/she has formed his/her official and private life sphere by using the applicant’s gender “laver” from the time of birth or the year of the year to the “gold” as the “gold.” The permitting the applicant to correct the applicant’s Korean gender as “gold” accords with the original purpose and function of the family relation register system that guarantees the authenticity of entries in the applicant’s family relation register and announces a true status relationship.

Nevertheless, the lower court rejected the applicant’s assertion on the correction of the family relation register. In so doing, the lower court erred by misapprehending the relevant provisions of the Family Relationship Registration Act, thereby adversely affecting the trial. The grounds for reappeal pointing this out are justifiable.

4. Therefore, the order of the court below is reversed and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jo Hee-de (Presiding Justice)