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Deals & Cases

Permission to change a child's surname and family origin

Assistance from a Chuncheon Administrative Litigation Lawyer | An Administrative Appeal Granted with the Help of a Chuncheon Lawyer

The client who came to a Chuncheon administrative litigation lawyer had filed an administrative appeal seeking to change the surname and family origin of a child, but it was dismissed. Wishing to appeal further, the client came to the administrative lawyer at the Chuncheon office.

CONTENTS
  • 1. The Client Who Came to a Chuncheon Administrative Litigation Lawyer
    • - The Client's Story as Learned by the Chuncheon Administrative Litigation Lawyer
    • - What Is a Change of a Child's Surname and Family Origin, as Explained by the Chuncheon Administrative Litigation Lawyer?
    • - The Method of Changing a Child's Surname and Family Origin, as Explained by the Chuncheon Administrative Litigation Lawyer
  • 2. The Chuncheon Administrative Litigation Lawyer's Assistance Toward Obtaining Permission for the Change
    • - The Chuncheon Administrative Litigation Lawyer, "The Relationship with the Deceased's Family Has in Effect Been Severed"
    • - The Chuncheon Administrative Litigation Lawyer, "It Does Not Adversely Affect the Maintenance of the Children's Identity"
    • - The Chuncheon Administrative Litigation Lawyer, "This Is a Petition to Change the Surname and Family Origin Solely for the Benefit and Welfare of the Children"
  • 3. Result of the Chuncheon Administrative Litigation Lawyer's Assistance, “Permission to Change the Child's Surname and Family Origin”
    • - The Chuncheon Administrative Litigation Lawyer's Case Notebook

1. The Client Who Came to a Chuncheon Administrative Litigation Lawyer

The client who entrusted the case to a Chuncheon administrative litigation lawyer came to the Chuncheon office in order to file again an 🔗administrative appeal for a change of the child's surname and family origin.

This was because the client had already filed an administrative adjudication once before but it had been dismissed.

The client requested assistance from the Chuncheon administrative lawyer so that the claim could be granted.

Chuncheon administrative lawyer-administrative appeal

The Client's Story as Learned by the Chuncheon Administrative Litigation Lawyer

In the consultation with the client, the Chuncheon administrative litigation lawyer was able to hear in detail the story behind why a change of the child's surname and family origin was necessary.

It had been more than 5 years since the client lost a spouse, and during the spouse's lifetime, the spouse had repeatedly inflicted 🔗domestic violence on the client and the children.

After the spouse's death, there had been no contact at all with the relatives on the spouse's side up to the present, and because this remained a trauma for the children, the client resolved to change the surname and family origin of the children.

Accordingly, the client filed a petition with the family court for permission to change the surname and family origin, but came to Daeryun's Chuncheon office after it had been dismissed.

Determined to obtain a decision granting the petition this time, the client came to request assistance from the Chuncheon administrative lawyer.

What Is a Change of a Child's Surname and Family Origin, as Explained by the Chuncheon Administrative Litigation Lawyer?

A change of a child's surname and family origin means changing the surname (姓) and family origin (本) of a child as necessary, the Chuncheon administrative lawyer explains.

As a general rule, a child takes the father's surname and family origin, but when it is determined that a change is necessary for the welfare of the child, the surname and family origin may be changed with the permission of the court.

For example, the child of a divorced couple comes to have a surname different from the father's due to the mother's remarriage.

In this case, a young child experiences considerable confusion in matters such as identity.

Therefore, it has been made possible to change the surname and family origin of a child for the welfare of the child.

The Method of Changing a Child's Surname and Family Origin, as Explained by the Chuncheon Administrative Litigation Lawyer

In order to change a child's surname and family origin, one must file a petition for a change of surname and family origin with the family court and obtain permission, the Chuncheon administrative litigation lawyer explains.

At this point, the court considers various factors, such as whether the change of surname and family origin is necessary for the welfare of the child and whether the child will experience confusion of identity upon the change, as well as the 🔗written administrative appeal claim and the purport of the claim, before rendering a decision to grant it.

If a decision to grant the petition has been obtained, the person seeking to change the child's surname and family origin must file a report of the change of surname and family origin, either online or in person, within 1 month from the date the judgment becomes final.

If the report is not filed within 1 month, an administrative fine of not more than 50,000 won is imposed.

2. The Chuncheon Administrative Litigation Lawyer's Assistance Toward Obtaining Permission for the Change

The Chuncheon administrative litigation lawyer argued as follows so that the client could obtain permission to change the surname and family origin of the children.

Chuncheon administrative lawyer-change of surname and family origin

The Chuncheon Administrative Litigation Lawyer, "The Relationship with the Deceased's Family Has in Effect Been Severed"

After the spouse's death, the client and the children had no contact at all with the relatives on the spouse's side.

Accordingly, the Chuncheon administrative litigation lawyer argued that the relationship with the deceased's family had in effect already been severed.

The Chuncheon Administrative Litigation Lawyer, "It Does Not Adversely Affect the Maintenance of the Children's Identity"

The client and the children suffered domestic violence from the spouse for a long time.

This remains an enormous pain and trauma for the children.

Accordingly, the Chuncheon administrative litigation lawyer strongly argued that the change of surname and family origin would not adversely affect the maintenance of the children's identity, but rather was expected to be beneficial to the children's emotional development.

The Chuncheon Administrative Litigation Lawyer, "This Is a Petition to Change the Surname and Family Origin Solely for the Benefit and Welfare of the Children"

The client is not seeking to change the children's surname and family origin because of any other entangled interest, such as remarriage.

Accordingly, the Chuncheon administrative litigation lawyer argued that the change of surname and family origin had been petitioned for solely for the benefit and welfare of the children.

3. Result of the Chuncheon Administrative Litigation Lawyer's Assistance, “Permission to Change the Child's Surname and Family Origin”

The court accepted in full the arguments that the Chuncheon administrative litigation lawyer had prepared to the utmost, and granted permission to change the children's surname and family origin to those of the client.

This was thanks to the Chuncheon administrative litigation lawyer's argument that the change of surname and family origin was for the benefit and welfare of the children.

Satisfied with this result, the client also visited the Chuncheon office to once again express gratitude to the administrative lawyer.

The Chuncheon Administrative Litigation Lawyer's Case Notebook

The client who came to the Chuncheon administrative litigation lawyer to request assistance wished to file an administrative appeal in order to change the surname and family origin of a child.

The client had once proceeded alone but received a decision of dismissal, and so wished to obtain the assistance of the Chuncheon administrative lawyer, an expert.

As a result of the Chuncheon administrative litigation lawyer's utmost assistance, the client was able to obtain permission for the change of the child's surname and family origin.

If you are considering filing an administrative appeal as described above, you are welcome to request a consultation from the Chuncheon administrative lawyer at any time.

춘천행정변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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