(a) Notwithstanding the fact that the family register was taken in accordance with the military law No. 179, and actually reported the marriage, in case where the marriage relation was registered as if the spouse was a spouse on the family register as a result of the false report on the number of the married couple who had already completed the marriage report at the permanent domicile, the validity of the marriage (

(b) In case where the report of marriage is entered in the family register compiled by the family register established by the family register pursuant to subparagraph 179 of the military administration-related Acts and subordinate statutes, whether the matters to be entered are presumed to have been entered;

A. Although both men and women who had not reported marriage before August 15, 1945 on the permanent domicile of the 38 degrees North Korea, were married, and were in fact taking the family register in accordance with Article 179 of the Military Affairs Act, they did not have reported marriage, even though they filed a false report on marriage at the permanent domicile, and were registered as if they were married on the family register, even if they had already reported marriage at the permanent domicile as they had already been registered as if they were married on the family register, the entry of the above family register on the family register at the time would not be legitimate, and the marriage recorded on the family register is null and void.

B. According to Article 179 of the Military Administration Act, a person who intends to take a family register shall prove the truth of the reported matter along with an abstract of the family register, or an abstract of the family register, or a guarantee of two adult males. If the report is recorded in the family register, which is a public book, through such certification, it shall be presumed to be true and true. If there is no counter-proof that such a statement is false, it shall not be readily concluded that the entry was wrong without permission. Thus, if the report of marriage was entered in the family register formed by the family register established by the family register as a permanent domicile of North Korea at the permanent domicile of North Korea, it shall be deemed that the report of marriage was filed, barring special circumstances.

(a)Article 812 of the Civil Code, Article 179 of the Military Court Act (amended by the Regulations on Temporary Measures in Family Register), Article 815 of the Civil Code;

A. Supreme Court Decision 68Meu19 delivered on February 18, 1969 (No. 17Meu209 delivered on July 28, 197) 70Meu9 delivered on July 28, 1970 (No. 18Meu255 delivered on July 26, 197)

A

Prosecutor of Daegu District Prosecutors' Office

Daegu High Court Decision 90Reu898 delivered on May 1, 1991

The appeal is dismissed.

The costs of appeal shall be borne by the appellant.

We examine the grounds of appeal.

Despite the fact that both men and women who had not been reported to marry on the permanent domicile of the 38 degrees North Korea before August 15, 1945 were married, and were in fact reported to enter the family register in accordance with Article 179 of the Military Affairs Act, and they did not actually reported to enter the family register in the family register. However, even if the marriage relationship was registered as if the couple was already registered on the family register by filing a false report at the permanent domicile, the entry of the above family register alone cannot be legally established, and the marriage recorded on the family register cannot be said to be null and void, if there was no report of marriage under the Joseon Family Register Ordinance, which was currently used at the time.

However, according to Article 179 of the above military administration law, a person who intends to take a family register shall prove the truth of the reported matter along with a family register copy or abstract of the permanent domicile or a guarantee of two adult South and North Korea, and if the report is entered in the family register as a public book through such certification, it shall be presumed to be true. If there is no counter-proof that the report is false, it shall be presumed to be false. Thus, unless there is any counter-proof that it is sufficient to recognize that the report was false, the report of marriage shall be deemed to have been filed, barring special circumstances.

According to the reasoning of the judgment below, the court below acknowledged the facts stated in the family register by reporting that the applicant and the deceased B had already been reported to marry on February 8, 194 while taking a family register, and rejected the claimant's assertion that the marriage is null and void on the ground that the above entry in the family register is false and that the above entry in the family register is false and there is no evidence to be false evidence. The court below rejected the evidence submitted by the claimant, and there is no violation of the rules of experience or rules of evidence or incomplete deliberation. Therefore, it is just to criticize the selection of evidence, which is the exclusive authority of the fact-finding court, to criticize the selection of evidence and the fact-finding.

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 Kim Yong-ju (Presiding Justice)