Applicant (Attorney Cho Jae-in, Counsel for defendant-appellant)

Gwangju District Court Family Branch Order 2011NoMa1980 dated April 20, 201

The appeal of this case is dismissed.

The decision of the court of first instance shall be revoked. The date of birth in the family relations register of the principal of the case shall be permitted to be corrected as “the 31st day of July 2010” to “the 18th day of December 207.”

The legal representative of the appellant asserts that on December 18, 2007, in fact, the appellant gave birth to the appellant, and the report of birth was not made due to personal circumstances. On August 27, 2010, the appellant reported the date of birth of the appellant on July 31, 2010 to avoid legal sanctions by reporting the birth of the appellant on August 27, 2010, but the hospital is not able to obtain a prescription on drugs suitable for the actual age of the appellant, and therefore, it is reasonable to permit the appellant to correct the date of birth of the appellant.

However, according to the records, it is proved that the appellant was born on December 18, 2007. On the other hand, the appellant's legal representative reported the marriage with the applicant on March 21, 1984 and reported the divorce on September 28, 2009. In case where the appellant permits correction of the register as to the date of birth of the appellant, the appellant is presumed to be the person other than the applicant pursuant to Article 844 of the Civil Code and may have a significant impact on the relative law or inheritance law, so it is reasonable to reverse the above presumption through the procedure of litigation, etc. to confirm the existence of paternity, and to permit correction of the register.

Therefore, the decision of the first instance court as to this conclusion is justifiable, and it is so decided as per Disposition by the assent of all participating Justices.

Judges Park Chang-chul(Presiding Judge)