Whether it can be corrected as an application for correction of the family register with the permission of the court as a natural father at the time of filing the report (negative)

If it is intended to correct any report or entry as a natural father at the time of filing an entry report pursuant to the provisions of Article 179 of the military administration-related Acts and subordinate statutes, the application shall be made upon the judgment of the court, and it shall not be made upon the application of the interested person permitted by

Article 120, Article 121 of the Family Register Act

Supreme Court Order 7SS12 Dated March 7, 1978

Applicant 1 et al. and two agents' lecture fees

Seoul Family Court Order 79B64,65,66,67 dated March 4, 1980

After destroying the original decision, the case is remanded to the Seoul Family Court.

According to the reasoning of the original decision ex officio, the court of original decision recognized the fact that the applicant for the correction of the family register was a child born out of wedlock between 1 and 2 in accordance with the evidence of the original decision and that the applicant for the correction of the family register was a child born out of wedlock under Article 179 of the Military Court Act and the applicant for the correction of the family register ex officio with the permission of the supervisory court is justifiable, since the above fact that the applicant was reported as a natural father and the non-applicant 1 and the non-applicant 3 in the report on the correction of the family register cannot be known as the natural father under Article 179 of the Military Court Act, and the fact that the applicant was reported as the natural father and the non-applicant 1 and the non-applicant 3 in the report on the correction of the family register was recorded as the natural father, and the above fact that

However, the phrase "legal invalid entry" that a family registry official can correct ex officio refers to a case where the entry in the family registry itself is deemed null and void (see Supreme Court Order 7S12, Mar. 7, 1978). In order to correct the entry in the family registry having a significant effect on the family registry under the Family Act or the Inheritance Act, it is a case where the court's decision was received and applied for the correction, and it is established that the entry in the family registry cannot be made ex officio by the party members' request or the official authority of the family registry. Therefore, the entry in the family registry itself in itself should not be deemed null and void as a matter of course, and it is an error of law of cancelling ex officio the entry in the family registry in the family registry registry as to the re-appellant's existence or absence of a natural relationship. However, the original decision from different opinions affected the trial by misunderstanding

Therefore, the original decision is reversed and the case is remanded to the Seoul Family Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice)