[1] Criteria for permission to open a name

[2] The case holding that since there are many inconveniences in the daily life, such as where the letters used in the name are not ordinarily used, it is difficult to read the name or prepare documents using computers, etc., and gender (gender) is detected, and there are considerable grounds to permit the opening of the name, and even if the applicant is registered as a person with bad credit standing, there are no circumstances to deem that the applicant falls under the abuse of the right to request the opening of the name, such as the application for the opening of the name was filed for the purpose of avoiding legal restrictions or involvement in other unsound intent or purpose

[1] The name may be unilaterally determined by the ordinary parent and the intention of the principal, who is the subject of the name, may not intervene in the name in the process, so it cannot be justified or reasonable to compel the principal to live with his or her life-long name to live. Even if the name was changed, the resident registration number may not be changed and the former remains in existence, so the instability in legal relations caused by confusion with the individual may not be so big. From among the corporations, especially among them, commercial corporations, such as large-scale companies, etc., where social and economic interests are much more complicated and complicated than individuals, the change of trade name is not subject to special restrictions in the relevant Acts and subordinate statutes. In addition, if the name is changed freely, it is excessively emphasized that social abolition or side effects may occur due to the name, and if the name is strictly restricted, it is recognized that there is considerable reason to avoid or abuse of the right to pursue happiness as well as to avoid or abuse of the right to intervene in the name of the individual.

[2] The case holding that since there are many inconveniences in the daily life, such as where the letters used in the name are not ordinarily used, it is difficult to read the name or prepare documents using computers, etc., and gender (gender) is detected, and there are considerable grounds to permit the opening of the name, and even if the applicant is registered as a person with bad credit standing, there are no circumstances to deem that the applicant falls under the abuse of the right to request the opening of the name, such as the application for the opening of the name was filed for the purpose of avoiding restrictions under the law or involvement in other unsound intent or purpose, it is impossible to deny the opening of the name for this reason.

[1] Article 113 of the Family Register Act, Article 10 of the Constitution / [2] Article 113 of the Family Register Act

○ Subdivision

Ui Government Branch Order 2004BB11 dated February 4, 2005

The order of the court below shall be reversed, and the case shall be remanded to the Panel Division of Suwon District Court.

1. Article 113 of the Family Register Act provides that a person may open a name with the permission of a court, but there is no provision on the criteria for permission for the opening of a name. The name (name) is a mark identifying a particular individual from another person; at the same time, it has high sociality, such as forming social relationship and trust; on the other hand, from an individual who is the principal of the personality, he/she has the meaning as a symbol of a character indicating his/her own character; furthermore, he/she is not infringed upon the interests connected to his/her name (name; hereinafter referred to as "title") and can be placed under his/her management and disposition, and such right constitutes a content of the right to pursue happiness and personality under the Constitution, and thus is subject to self-determination. Accordingly, in determining whether to grant permission for the opening of a name, his/her subjective intent should be emphasized. Accordingly, not only the meaning and function of the name, social confusion and side effects that may result in the permission of the opening, but also the need and effects of the opening of his/her personal name may be sufficiently considered.

However, since the name is unilaterally determined by the parents and the intention of the person himself/herself, who is the subject of the name, is not at risk of involvement in the process, there may be cases where the person himself/herself, who is the subject of the name, is dissatisfied with or is suffering from serious pain. In such a case, it cannot be justified and reasonable to compel him/her to live with his/her life-long name, even if his/her name was changed, the resident registration number is not changed, and the former remains in existence, and thus, the instability in legal relations caused by confusion with the individual will not be severe. Among those corporations such as large-scale companies, etc., even commercial corporations such as individuals, etc. are more complicated and complicated than individuals, the change of their trade name is not subject to special restrictions in the related Acts and subordinate statutes, and in fact, there are many cases where their trade name is changed freely, and if it is excessively emphasized that the name might infringe on the individual's personality rights and the right to pursue happiness under the Constitution, it is recognized that there is considerable reason to refuse or interfere with various restrictions.

2. The reason for the application for the renewal of the applicant in this case is that there are many inconvenience in the daily life of the applicant because the applicant is not a person ordinarily employed, such as the applicant's mispercing the applicant's name in the form of "the part," or making a document using a computer, etc., and the name "the part," which is "the part, is removed in the name of women's name," and it seems that there is a considerable reason to permit the opening of the name (the record reveals the fact that the above part, "the part," is known as the part, and the applicant's Korean name was mistakenly registered as the part, "the part," and it was corrected by ex officio correction on April 17, 2002. Meanwhile, according to the records, the applicant can be found to have been registered as a person with bad credit standing, but if a name is opened, there is no difficulty in understanding the applicant's financial transactions, details of arrears, etc. in the future, or there is no possibility of interference in the applicant's request for the opening of this case.

Nevertheless, the order of the court below that rejected the instant application on the ground that there is no ground to permit the instant opening of the name, is erroneous in the misapprehension of legal principles as to the standard of permission for opening of the name, or in the misapprehension of legal principles, which affected the conclusion of the judgment.

3. 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 Kim Yong-dam (Presiding Justice)