1. The Defendant’s refusal to accept the move-in report against the Plaintiff on January 8, 2014 is revoked.

2...

Details of the disposition

On January 2014, the Plaintiff reported to the Defendant that he had moved to Gangnam-gu Seoul Metropolitan Government C (hereinafter referred to as “instant residence”).

On January 8, 2014, the Defendant sent a reply to the Plaintiff on January 8, 2014 that “the move-in report in D shall be treated on the basis of the D Management Register, and only the residents of the instant residence are registered in E on the above ledger, etc., and the Plaintiff is not registered, thus it is impossible to process the move-in report (hereinafter “instant disposition”).

(2) In light of the aforementioned legal principles, the Plaintiff’s assertion as to the legitimacy of the instant disposition by taking over the instant residence from E around February 2006, and the Plaintiff’s assertion as to whether the instant disposition was lawful, had been in the military service from April 2007 to March 2009. The Plaintiff returned to a university located in the region after the 201th of August, 201 and was living in the university dormitory and the instant residence, and had been living in the instant residence until the date of graduation from the university.

Therefore, the instant disposition that did not accept the Plaintiff’s move-in report is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Even if an administrative agency may refuse to accept the move-in report following the change of residents' place of residence, such act may result in infringing the people's freedom of moving-in report guaranteed by the Constitution. Thus, the examination of whether to accept the move-in report by the head of Si/Gun/Gu should be limited within the legislative purpose of the Resident Registration Act.

Meanwhile, considering Article 1 of the Resident Registration Act and Article 6 of the Resident Registration Act regarding the legislative purpose of the Resident Registration Act, the subject of examination by the head of the Si/Gun/Gu who received the move-in report shall be limited to whether the move-in report moves his/her place of residence for the purpose of living for at least 30 days.