[1] Whether Article 520 (2) of the Rules of the Supreme Court's Family Register, which stipulates that "No. 520 (2) of the Rules of the Supreme Court's Family Register, shall be stated "No. 1, 2, 2, 3, 4." as "No. 1, 3, 4." in the Korean language at the family register (affirmative)

[2] The case holding that there is a reasonable reason to correct the family register, since the fact that the family register of a person, who used the family register and various certificates of qualification for the past several hundred and twenty years, is indicated as a "place of origin" in Korean, since there is an error in the statement

[1] Article 520 (2) of the Rules of the Supreme Court's Family Register, which provides that "No. 520 (2) of the Rules of the Supreme Court, which stipulates that "No. 1, 2, 2, 3, 3, 4." shall be indicated in the Korean language on the family register "No. 1, 3, 4, 5, 500, 520, 520, 520, 520, 520, 520, 520, 520, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 3, 3, 3, 3, 3, 3, 2, 3, 2, 3, 2, 3, 3, 3, 3, 2, 3, 3, 3, 3, 3, 3, 2, 3, 3, 3, 3

[2] The case holding that there is a reasonable reason to correct the family register, since the fact that the family register of a person, who used the family register and various qualification certificates for the past several hundred and twenty years, is indicated as "oil" in the family register of a person who used the "place of origin" in Korean, constitutes an error in the statement

[1] Articles 10 and 37(2) of the Constitution of the Republic of Korea, Article 37(1)2 [Attachment 1] of the Enforcement Rule of the Family Register Act, Article 520(2) of the Enforcement Rule of the Family Register Act / [2] Article 120 of the Family Register Act, Article 37(1)2 [Attachment 1] of the Enforcement Rule of the Family Register Act, Article 520(2) of the Enforcement Rule of the

United States of America

Daejeon District Court Order 2006NoMa891 dated March 9, 2006

1. Revocation of the order of the court below

2. A person who has filed a complaint in the family register in the Daejeon-dong-gu (detailed address omitted) Dong-gu, Daejeon-dong-gu, Daejeon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,

1. Summary of grounds for appeal;

The court below's decision that dismissed an appellant's application for correction of the family register of the appellant seeking correction of his/her name, which is a kind of culture (culture) and the correct Korean translation of "type", which is its sex, is a kind of paper "," but has violated the human rights of the appellant by applying two different rules to the family register of the appellant.

2. Facts of recognition;

According to the records of this case, the following facts are recognized:

A. The name column of the appellant’s family register at the time of around 1992 is written as Chinese characters, but the above name column is written as Korean characters in the part in which the appellant’s name on the external family register is written in Korean.

B. From around 1978, the appellant stated his name in Korean as “Seoul” in various kinds of certificates of marine officer’s license, certificate of radio operator’s license, and passport of the Republic of Korea. The appellant’s career certificate, etc. on May 15, 2006, also stated his name in Korean as “Seoul”.

C. On the other hand, the name column of the appellant’s family register on February 22, 2006 is the same as the name of Chinese as the name of Chinese in Korean.

3. Relevant statutes;

(a) The history of revision of the method to describe names on the family register;

In the past, the name entered in the family register was stipulated to be entered in the Chinese as a matter of principle, but from January 1, 191, Article 70 (2) of the Enforcement Rule of the Family Register Act, the name entered in the "name column" was revised to be entered in the Korean language, and the name entered in a place other than the name column was revised to be entered in all in the Korean language. From September 1, 1994, the method of entry in the name column was revised to be written together in Korean and Chinese characters in accordance with the proviso of Article 70 (2) of the Enforcement Rule of the Family Register Act, which was enforced on September

(b) A Korean translation of name on a family register (related to two-year rules);

(1) According to Article 520(2) of the Rules of the Supreme Court’s Family Register (hereinafter “the Rules of the Family Register in this case”) of October 25, 1996, the Chinese characters of the sex (sex), “ri, Ri, Ri, Ra..........” are indicated in the family register in Korean, in accordance with the Rules of the Korean Permissible Law, the Chinese characters shall be indicated as “this, U.S., b........”

(2) According to Article 37(1)2 of the Enforcement Rule of the Family Register Act, one person who is a human life (human life) or a person who is a human life (human life) can use it as “bb” or “b” according to sound or sound, respectively.

(c) Two principles; and

(1) According to Section 5(11) of Chapter 3 of the Korean Plateral Act (Notice No. 88-1 of the Notice of Issuance of Letters), Chinese characters “Yaa, Maa, Ma, Ma, Ma, Ma, L,” in accordance with the two principles, are written “Ya, Pa, Pa, Pa, Ma, L,” in the first head of the word.

(2) According to Article 3 subparag. 3 of the Framework Act on the Korean Language and Article 14(1) main text of the same Act, public institutions’ official documents shall be prepared in Korean in accordance with language norms, and “language norms” refer to the norms necessary for the use of Korean language, established through deliberations by the Korean Language Council, such as the Korean Dental Law.

4. Determination

(a) A general theory in relation to a utility model application (related to two-dimensional rules);

(1) The concept of gender, name, name and origin

(A) The name (name) consists of a symbol indicating one's blood or a name symbolizing one's own identity and an individual's individual identity. The name is given to one's own name to one's own person, but the name is used as a name for a certain range of blood group.

(B) On the other hand, the main text refers to the origin of the body that is often called as the main body. In common sense, the identity of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of

(2) A life style in relation to a sexual (sexual) Korean application

(A) In general, there is a way to indicate “ri, Ri, Ri, Ri, d...” in the Korean language as “ri, Ri, Ri, Ri, d....” The two methods are as Chinese characters in accordance with the two different rules. However, prior to the enactment of the established rules of the instant family register, there is a provision that one shall be recorded only in the name column of the previous family register, and the method of indicating a name in Korean in any place other than the name column is not subject to any particular regulation in relation to the method of indicating a name in Korean language. It seems that the Korean language method is left to a clan, clan, family or individual choice.

(B) Therefore, even if the Chinese characters are the same for example, even if they are the same for the same category as “the category”, there was no unification in the Korean language method of the above clans, such as the existence of a group in which the Chinese characters are indicated as “the category” as it is, and a group in which the two laws apply to the category “oil” were applied, and as a result, the form of life for the use of the sex is formed and maintained for a considerable period of time, it is considered that a considerable number of members of our society naturally accepted.

(3) Enactment of Article 520 of the Supreme Court's Family Register Rules

On October 25, 1996, the established rules of the family register of this case were established on October 25, 1996, and Paragraph (2) of the above established rules stipulate that "ri, Ri, Ri, d..." "ri, Ri, d...." shall be indicated in the family register in Korean in accordance with the two sound rules. Accordingly, in cases where the family register is entered in Korean in Korean in the name column in which one of the reasons, such as new compilation of the family register or entry into the family register, are entered, the name column in Korean shall be stated in accordance with the above established rules, and if the family register was discovered in Korean in which the above established rules were written in Korean, the family register official shall correct it.

B. As to the legality of Article 520(2) of the established rules of the Supreme Court’s family register

(1) Infringement of personal rights by an individual

(A) Article 10 of the Constitution provides that “All citizens shall have dignity and value as human beings and have the right to pursue happiness,” thereby guaranteeing the right of all citizens to autonomously form their living sphere on the basis of their own dignity and personality rights. The name is a symbol of character indicating an individual’s identity and individual nature, which serves as the basis for an individual to form and realize his/her living sphere in society. Thus, free use of sex is also protected from personality rights under the Constitution.

(B) However, if, for example, in the case of a Chinese character "type", if the State forces an individual whose form of life, which has formed one's public and private life area for a considerable period of time, by marking it as "type" in Korean, to indicate it as "type" other than "type" by applying two different different laws, it is a very important issue in society where an individual's name is symbolic and perceived as his/her name in a name is an individual who uses his/her name. Furthermore, in the formation of an individual's social living relationship, the use of a sex may be recognized as a change of character in reality in most cases in which the use of Korean character is used in most cases, and even though the change of such Korean character is a matter that may debris the individual's identity, it is unilaterally compelling an individual's change of life style that exists by applying two different different laws unilaterally, without considering the specific situation and intention of the individual who has indicated "type" as "type", which is contrary to the constitutional ideology and value of personality rights infringement as one of the core elements of self-determination on self-determination.

(C) In addition, in the case of sexual weather, the current Chinese sex is relatively many and generalized by applying two different rules, and it is not permissible to enforce the application of the two different rules to the same sex for the unification of the Korean history, in light of the fact that it is a key element in guaranteeing the basic human rights of an individual infinites and establishing the democratic basic order, which is the basic ideology of our Constitution, in light of the fact that the application of the two different rules to sexual intercourses is not permissible against the above constitutional ideology.

(D) Furthermore, since the name is purely unique, which has an important function to indicate the identity of a person given to a specific individual in society as a distinctive code, it is not appropriate to apply two sound rules in the Korean Regulatory Act, which provides for the general principles on Korean translation in the name of a person used in the name in the family register, to the extent that it is inappropriate in its own nature to apply the two sound rules in the Korean Regulatory Act. As such, the name shall be deemed excluded in principle from the application of the two sound rules in the Korean Regulatory Act (Article 37(1)2 of the Enforcement Rule of the Family Register Act [Attachment 1] of the Enforcement Rule of the Family Register Act.

(2) The absence of legitimate purposes of applying the two different rules to sex(s).

(A) On the other hand, since the name belongs to an important social order in that it serves as the basis for forming all the social relationship of human beings, and the specific name is based on the legal stability of the whole society, the State may impose certain regulations on the name used by the individual, but on that premise, the State should recognize the purpose or specific benefit that can justify such restriction on fundamental rights.

In this regard, in that the sex is an element of the name identifying the identity of an individual, and at the same time a symbol symbolizing the serum, it is not possible to distinguish the blood relationship if the same is not applied to the sexual two rules, or whether there is a special interest in the social order or public welfare that can be gained by applying the sexual two different rules.

(B) First, even if the “Class” is indicated as “oil” by applying two sound rules with respect to the identification function of the same sex as the other sex, the Korean sexual character alone cannot be the standard for distinguishing the identity of the other sex in order to distinguish the other sex from the other sex.

Therefore, the identity of the family register can be identified only through the Korean and Chinese characters in the name column of the family register and the parts recorded in the family register. Accordingly, even if the "Class A" is marked as the "Class B" and the "Class A" as the "Class B", it cannot be viewed that the family register differs between the two categories in light of the entries in each family register, so the issue of whether to apply the two types of sex rules does not affect the identification function of the blood register. In conclusion, whether to apply the two types of sex rules does not affect the identification function of the blood register.

(C) In addition, sex(s) generally has a astronomical and chronological character to indicate the serum, but for example, when indicating the “Class” in the Korean language for the clans, clans or clans or family members(A), the life style in which one of the previous “Class” or “Class” was selected and used has been formed and maintained for a considerable period of time, and in the future, if such a life style has continued to have been achieved, it cannot be deemed that it is a congenital and certain chronological character to indicate the sexual intercourse.

(D) Furthermore, even if there is a special interest in the social order or public welfare that can be gained by applying the two different rules to a sex, for example, in the entries of the previous Chinese gender “” into the Korean language, it cannot be deemed that there was a special confusion in the social order related to the use of the sex, and there is no specific interest in the social order or public welfare that can be obtained by integrating the method of the Korean translation of the sex by applying the two different rules to the sex.

(3) As to the form of restriction on fundamental rights

As seen earlier, Article 37(2) of the Regulations on the Family Register of this case’s provision on the “Korean translation of a sex under the Korean Plinization Act” is a provision that infringes on or limits an individual’s fundamental rights in that the State unilaterally forces any change in the form of life, which exists by applying two different laws to the same sex, without considering the specific situation or intent of the individual who has indicated the Chinese sexual category “the Chapter” as “the same, for instance, is a provision that unilaterally forces any change in the form of life, which exists by applying two different laws. However, the restriction on such fundamental rights can only be based on the form of law in principle pursuant to Article 37(2) of the Constitution,

(4) Conclusion

Ultimately, Article 10 and Article 37(2) of the Rules of the Family Register of this case (hereinafter “Rules of the Korean Languages Act”) provides that “the provisions of the English language marking of a sex under the Korean Languages Act shall be applied to a person’s own expression as one of the core elements in the sense that the State unilaterally forces the application of two sound rules without considering any specific situation or intent of the clans, clans, family members, family members, or individuals with regard to how to determine and use the sex in Korean language.” No justifiable purpose or specific benefit to enforce the application of these two sound rules is found, and there is no legitimate benefit to enforce the application of these two sound rules, and even if the method of restricting fundamental rights is not in the form of a law, it shall be deemed null

C. As to the instant motion by the appellant

(1) Article 120 of the Family Register Act provides that "when the entry of the family register is not legally permitted or there is an error or omission in the entry," due to the reason of correction of the family register.

(2) As the appellant appears in the health stand back to the instant case and in the facts of recognition, from around 1978, the appellant used “cultural Category C,” in Korean, various certificates of qualification and on the family register, and entered “type” in the family register by changing the Korean sex into “place” according to the rules and regulations of the instant family register.

(3) However, since the provisions of Paragraph (2) of Article 2 of the Rules on the Family Register of this case’s case’s provision on the indication of sex in Korean language are unconstitutional and invalid, the application of the two sound rules cannot be enforced in the indication of sex under the above provisions. Thus, although the appellant has used a family register and various other certificates of qualification, etc. with the previous sex indication in Korean language, although the use of sex should be protected from the personality rights under the Constitution, the change of the appellant’s sex from the family register of the appellant from the category “ to “oil” to the category “,” it constitutes a case where there is an error in the statement, and therefore, there is a reasonable reason to correct the appellant’s family register.

5. Conclusion

If so, the appellant's application for correction of the family register of this case is justified, and the order of the court below is unfair with different conclusions, so the order of the court below shall be cancelled and the appellant's Korean application for correction of the appellant's sex among the family register of the Dong-dong, Dong-dong, Daejeon-dong, Dong-dong, Dong-dong, Daejeon-dong, the Dong-dong, the Dong-dong, Dong-dong, the Dong-dong, the Dong-dong, and

Judges Dok-Ba (Presiding Judge)