The case where the cancellation of a family register cannot be made unless it is based on a final judgment.

Article 120 of the Family Register Act provides that, in a case where the entry in the family register is not legally permitted or there is an error or omission in the entry, an interested person may apply for the correction of the family register with the permission of the court in a case where the correction is limited to a case where the correction is minor in light of the simple procedure. Therefore, the correction of the matters to be corrected, such as the case where seeking the cancellation of the entry into the family register by denying the parent-child relationship, may not be made unless it is based on

Article 120 of the Family Register Act

Re-appellant

Seoul Civil History District Court Decision 73Ra484 delivered on August 20, 1973

The reappeal is dismissed.

The court below's decision of the court of first instance that dismissed the re-appellant's request for correction of family register because there is no sufficient evidence to acknowledge the re-appellant's assertion.

However, upon examining the gist of the application for correction of the family register in accordance with the records, the non-party 1 in the case is interpreted to apply for correction of the family register with the permission of the court, since the non-party 1 in this case is a person of the re-appellant who is not the natural father of the re-appellant and his wife and the non-party 2 in this case, and although the non-party 1 in this case did not know of the birth report of his wife, the non-party 1 in this case is a person of the non-appellant's name and whose name was entered in the family register, so if the entry in the family register is not legally permissible or there is an error or omission in the entry, it shall be interpreted to be limited to a case where the matters to be corrected are minor in light of the procedure of simple correction, so it shall be deemed that the correction of the matters to be corrected as in this case, which would have a significant influence

Therefore, since the re-appellant's objection to the correction of the family register is groundless, the original decision consistent with this conclusion is justifiable, and it is so decided as per Disposition by the assent of all participating judges.

Justices Yang Byung-ho (Presiding Justice)