logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1991. 7. 23.자 91스3 결정
[호적정정][공1991.9.15.(904),2252]
Main Issues

(a) Method of correcting matters that have a significant impact on the status relationship due to the cancellation of illegal double defense (=a final and conclusive judgment);

(b) In a case where an applicant married to the original network Gap has completed the opportunity for Eul to take place with the permission of the court after having actually divorced from the original network Gap, and where Eul has already obtained double family register by having already completed the legal registration of his marriage, whether the method of correcting the family register can be deleted (negative)

Summary of Decision

A. The correction of a family register according to the permission of the court stipulated in Article 120 of the Family Register Act shall be limited to a case where the correction is minor, and where the correction has a serious effect on the family law or inheritance law, it shall not be in accordance with the simple procedure for the correction of a family register, and it shall not be in accordance with the simple procedure for the correction of a family register, and it shall not be possible to correct only in accordance with the final judgment, and even in a case where the correction of a matter which has a significant effect on the family relationship is to be

B. In a case where an applicant who married to the original network Gap and entered his name in the family register, had been living together with the applicant Eul after having actually divorced from the former family register and had been living together with the applicant Eul, and had double family register by having already entered his name in the previous original family register, which is the wife of the law that has already completed the legitimate marriage report, as well as in the previous original family register in North Korea, the double family register of the applicant stated a nullity of marriage. Since the entry in the applicant's family register is not of the nature to be stated in the original family register, if the entry in the applicant's family register is cancelled in whole, it would result in a change in matters that have a significant impact on the applicant's personal relationship compared to the entry in the previous family register, it cannot be cancelled by means of a simple family register correction without resorting to a final judgment.

[Reference Provisions]

(b)Article 120 and Article 123 of the Family Register Act;

Reference Cases

A. Supreme Court Order 83S33 dated October 11, 1984 (Gong1985,31) 86S29,30,31 dated May 8, 1987 (Gong1987,1391) 89S4 dated October 20, 1989 (Gong1989,1790)

Re-appellant

Re-appellant

The order of the court below

Incheon District Court Order 91.3.7, 90B12

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

The correction of the family register according to the permission of the court stipulated in Article 120 of the Family Register Act shall be limited to a case where the correction is minor, and where the correction has a serious effect on the family law or inheritance law, it shall not be in accordance with the simple procedure for the correction of the family register, and it shall be limited to the final judgment (see, e.g., Supreme Court Order 83S3 dated October 11, 1984; Supreme Court Order 86S29, 30, 31 dated May 8, 1987; etc.). In case where the correction of the matters which have a serious effect on the family relationship is to be corrected by the correction of the matters to be corrected, the correction may be made only by the final judgment.

According to the court below's decision in this case, the applicant is a person who married with non-party 1 of the original network and entered his name in his family register. After the divorce, the applicant was living together with the non-party 2 of the previous original family register in North Korea where he had been living together with the defendant 2 of the previous original family register where he had been living together with the defendant 2 of the previous original family register where he had been living together with the defendant 2 of the previous original family register where he had been legally reported the marriage. Thus, the applicant's double family register contains invalid marriage, and the statement is not based on the nature of the original family register, so if the applicant's family register is cancelled in his original family register, it would result in a change in matters that may seriously affect the applicant's personal relationship compared with the previous family register, and in this case, it shall not be cancelled by a simple method of correction of a family register without the final judgment (the judgment, etc. on nullity of marriage stated in this subparagraph).

The order of the court below to the same purport shall be justified and shall not be accepted to criticize the opinion of the opposing opinion.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-dong (Presiding Justice) Kim Sang-won

arrow