(a) Method of correction of the date and time of death entered in the family register;

(b) Matters to correct a family register by decision as provided in Article 123 of the Family Register Act;

A. The statement of death on the family register is not an absolute probative value as a report on a simple fact, and it does not affect the relative law or the inheritance law, so if it is recognized that there is an error on the date and time of the death recorded on the family register, the interested person may apply for the correction of the statement with the permission of the court in accordance with Article 120 of the Family Register Act.

(b) Correction of a family register in accordance with Article 123 of the Family Register Act means correction of a final and conclusive judgment or time limit for a final and conclusive judgment on the grounds that a correction of a family register has an important effect on the family law or inheritance law.

A. Article 120 of the Family Register Act, Article 123 of the Family Register Act

A. Supreme Court Order 86S15 Dated September 4, 1986; Supreme Court Decision 73Da1726 Dated December 10, 1974

[Judgment of the court below]

Daegu District Court Order 86BB20, 21, 22, 23 dated August 6, 1986

The order of the court below is reversed and the case is remanded to the Daegu District Court Panel Division.

The grounds of reappeal are examined.

1. According to Article 120 of the Family Register Act, if the entry in the family register is not legally permissible or there is an error or omission in the entry, the interested parties can apply for the correction of the family register with the permission of the court. Since the entry in the family register does not have absolute probative value as a report of a simple fact, it does not affect the family law or inheritance law, so if it is recognized that there is an error on the date and time of death entered in the family register, the interested parties may apply for the correction of the entry (see Supreme Court Order 86S15 delivered on September 4, 1986) with the permission of the court in accordance with Article 123 of the Family Register Act (see Supreme Court Order 86S15 delivered on September 4, 1986). Thus, the correction of the family register pursuant to Article 123 of the Family Register Act refers to a final and conclusive judgment or a final adjudication on which the correction of the family register has an important effect on the family register's law or inheritance law (see Supreme Court Decision 237Da126363 delivered on December 1974.).

2. The reasoning of the order of the court below is that the re-appellant applied for the correction of the entry in the family register as to the date of the deceased person's death, and it is clear that the re-appellant will have a serious effect on the family law or inheritance law due to the correction of the deceased person's death date, which shall be decided by a final judgment, and it is not possible to correct the family register by the court's permission in accordance with Article 120 of the Family Register Act, and there is an error of law by misunderstanding the legal principles of the correction of the family register as stipulated in Articles 120 and 123 of the Family Register Act. Therefore,

3. Therefore, the original decision shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee B-soo (Presiding Justice)