Whether the non-contentious case to which the Non-Contentious Case Litigation Procedure Act applies or applies is subject to litigation structure (negative)

Although the provisions of the Civil Procedure Act concerning the legal aid are applicable mutatis mutandis in the Non-Contentious Case Litigation Procedure Act (see Articles 8 and 10 of the Non-Contentious Case Litigation Procedure Act), the non-contentious case to which the Non-Contentious Case Litigation Procedure Act applies or applies mutatis mutandis is not subject to litigation structure, but is unlawful.

Article 128 of the Civil Procedure Act, Articles 1, 8, and 10 of the Non-Contentious Case Litigation Procedure Act

Applicant

Seoul Family Court Order 2009 business entity428 dated April 22, 2009

The reappeal is dismissed.

The grounds of reappeal are examined.

Although the provisions of the Civil Procedure Act concerning the legal aid are applicable mutatis mutandis in the Non-Contentious Case Litigation Procedure Act (see Articles 8 and 10 of the Non-Contentious Case Litigation Procedure Act), the non-contentious case to which the Non-Contentious Case Litigation Procedure Act applies or applies mutatis mutandis is not subject to litigation structure, but is unlawful.

According to the records, the re-appellant may be aware that he/she applied for a litigation aid in relation to the case of correcting the registry of Seoul Family Court 2009Ma3017, which sought correction of the family relation registration record in error. Since Article 104 of the Act on the Registration, etc. of Family Relationship and Article 87 (1) of the Rules on the Registration, etc. of Family Relationship apply mutatis mutandis to the procedure of handling the above case, an application for a litigation aid for the above case shall be deemed unlawful, and the order of the court below that maintained the first instance court which rejected the application of the re-appellant in the same purport shall not be deemed to have

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

Justices Cha Han-sung (Presiding Justice)