CONTENTS
- 1. Correction of the Register | Necessity
- - Entry of Contents That Cannot Be Permitted Under the Law
- - Errors or Omissions in the Recorded Entry
- - Where the Recorded Act Is Void
- 2. Correction of the Register | Permission Procedure
- - Applicant
- - Preparing the Application for Permission to Correct
- - Supporting Evidence
- - The Family Court's Examination Procedure
- - The Court's Decision on Permission
- 3. Correction of the Register | Application for Correction
- - Person Obligated to Apply for Correction
- - Deadline for the Application for Correction
- - Place for the Application for Correction
- - Preparing the Application for Correction
- 4. Correction of the Register | Checklist
- - Support System of Family Law Attorneys
1. Correction of the Register | Necessity
An application for correction of the register is a procedure for correcting contents wrongly entered in the family relationship register, and where any of the following grounds exists, correction may be made with the permission of the court (Act on the Registration, etc. of Family Relationships, Article 104(1) and Article 105(1)).
Entry of Contents That Cannot Be Permitted Under the Law
An entry in the family relationship register is possible only where a lawful report and the qualification of the relevant party are recognized under the law.
Accordingly, as set out below, where contents not permitted under the law are included, they are subject to correction.
Subject of an Application for Permission to Correct
▷ Where the register was recorded on the basis of a forged or altered report
▷ Where a person without authority made an entry in the register
▷ Where the register was recorded on the basis of a report by a deceased person or by a person who is not the person obligated to report
Errors or Omissions in the Recorded Entry
Where information inconsistent with the facts was recorded due to a mistake at the time of report, or where an entry was omitted, an application for correction may also be filed.
Such matters may significantly affect personal identification, including the actual place of birth, date of birth, sex, and clan origin (bon, 本), and therefore must be corrected.
▷ Where the sex or clan origin was recorded incorrectly due to error
▷ Where a child born in wedlock was incorrectly recorded as a child born out of wedlock
▷ Where a report or application was received but the responsible public official recorded it incorrectly
▷ Where the responsible public official omitted an item of record while preparing the register
Where the Recorded Act Is Void
Where a marriage, acknowledgment of paternity, adoption, or similar act recorded in the family relation register is confirmed to be legally void in itself, the recorded content must accordingly be corrected.
▷ Where an acknowledgment of paternity has been declared void
▷ Where an adoption has been declared void
▷ Where any other matter recorded in the register is otherwise found to be void as a matter of course
2. Correction of the Register | Permission Procedure
To correct the register, one does not simply make a request to an administrative agency; the permission of the family court must be obtained.
The procedure proceeds as follows.
Applicant
The persons who may apply for permission to make a correction are limited to those who have an interest in the content recorded in the family relation register.
Eligible Applicant (Interested Party) | Description |
The Person | The party to the registered matter to be corrected |
Reporting Person | The person who first reported the family relation registration matter |
Other Interested Parties | A person who has a direct interest, whether in status or in property, in that record |
Preparing the Application for Permission to Correct
To obtain permission to correct the register, an application for permission to correct must be prepared and submitted to the competent court.
The application for permission to correct must include the following.
∙ The name, registered domicile, address, and resident registration number of the principal of the case
∙ The purpose of the application
∙ The grounds for the application
∙ The date
∙ Signature or seal
The following documents must also be attached.
∙ One copy of the resident registration certified copy
∙ Other supporting materials
Supporting Evidence
When applying to the Family Court for permission to correct the register, a mere assertion is not sufficient, and objective supporting evidence that can substantiate the grounds for correction must be attached.
The materials required vary according to the type of correction.
Type of Correction | Examples of Supporting Evidence |
Error in Date or Place of Birth | Birth certificate, abridged resident registration copy, hospital records, and the like |
Error in the Entry of Sex or Clan Origin (bon, 本) | Hospital sex confirmation certificate, family relation certificate, existing administrative records, and the like |
Void Record of Marriage, Acknowledgment of Paternity, or Adoption | The final and conclusive judgment in the related case, or a written confirmation of nullity |
Erroneous Entry by the Responsible Public Official | A copy of the original report, a receipt of acceptance, a written confirmation by the official in charge, and the like |
Omission of an Entry | Materials proving the fact of report regarding the relevant act, or testimonial materials |
The Family Court's Examination Procedure
The Family Court does not determine whether to allow the correction solely by reviewing the documents, but rather proceeds through the following examination procedure.
Request for a Criminal Record Inquiry
Where necessary, the Family Court may request the head of a national police agency to inquire whether the applicant for correction has a criminal record.
The Police Agency's Duty to Respond
The head of the police agency that receives the request must reply to the court with the result of the criminal record inquiry without delay.
This is a measure to block false applications or attempts at correction for improper purposes.
The Court's Decision on Permission
Once the examination process is concluded, the Family Court issues one of the following decisions.
Decision Granting Permission to Correct
Where the content of the application is found to be reasonable, a certified copy of the written ruling granting permission to correct is issued.
Decision Denying Permission to Correct
Where there are no grounds for the application or it is found to be false, permission may be denied.
3. Correction of the Register | Application for Correction
Once the permission of the court for correction of the register has been obtained, an application procedure for correction must be undertaken in order to reflect the relevant contents in the family relationship register.
This is an essential step for administrative processing, and the contents are not automatically reflected by the court's decision alone.
Person Obligated to Apply for Correction
The person obligated to apply for correction is the interested party who applied to the Family Court for permission to make the correction.
Deadline for the Application for Correction
An application for correction of the register must be filed within the following period, calculated from the certified copy of the court's written ruling granting permission to correct or from the final and conclusive judgment.
Basis | Application Deadline |
Where a certified copy of the court's written ruling granting permission to correct has been received | Within one month from the date the certified copy is received |
Where the correction is based on a final and conclusive judgment | Within one month from the date the judgment becomes final and conclusive |
※ If the application for correction is not filed within the period without justifiable grounds, an administrative fine of up to 50,000 won may be imposed. (Act on the Registration, etc. of Family Relations, Article 122)
Place for the Application for Correction
The application for correction may be filed by selecting one of the following places.
Available Place for Application | Details |
City (district), eup, or myeon office of the registered domicile | The jurisdiction of the registered domicile of the party to the correction |
City (district), eup, or myeon office of the address or current location | Based on the address or actual place of residence of the applicant |
Family Relations Registration Office for Overseas Koreans | Available where the person resides abroad (under the jurisdiction of the Ministry of Foreign Affairs) |
Preparing the Application for Correction
When applying for correction of the family relation register, the following content must be entered in the application for correction of the register.
∙ The date of the application
∙ The applicant's date of birth, resident registration number, registered domicile, and address
∙ Where the applicant differs from the principal of the case, the registered domicile, address, name, date of birth, and resident registration number of the principal of the case, and the qualification of the reporting person
In addition, the following documents must be attached.
∙ A certified copy of the judgment and a certificate of finality (where the correction is based on a final and conclusive judgment)
∙ The reporting person's identification document
4. Correction of the Register | Checklist
Because permission from the court is required in order to correct the register, systematic preparation is necessary.
Item to Prepare | Specific Content |
Preparing the Application and Documents | - Prepare the application for permission to correct accurately |
- Attach supporting evidence that can substantiate the grounds for correction | |
- Prepare basic certifying documents such as the resident registration certified copy and the family relation certificate | |
Confirming the Interested Party and Securing Authority | - The applicant is limited to an interested party |
- Prepare documents proving identity or a power of attorney | |
- Proof of a direct interest in the family relation register entry is required | |
- A power of attorney is mandatory when an agent files the application | |
Observing the Application Deadline | - Complete the application for correction within one month after the court's permission |
- An administrative fine may be imposed if the application is not filed within the period |
Support System of Family Law Attorneys
This law firm has a substantial number of family law specialist attorneys registered with the Korean Bar Association, as well as attorneys with an average of ten or more years of experience.
Across the entire process, from identifying errors in the family relation register and preparing the application for permission to correct, to responding to the court's examination and carrying out the application after the decision granting permission, we provide systematic legal assistance.
Where it is difficult to prepare the procedure on your own, you may proceed through the matter more accurately and promptly with the assistance of a family law attorney.
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