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How to Correct a Family Relations Register: Methods and Procedures

Based on 40 consultation cases · Updated · Translated from the Korean original.

The procedure for correcting an error in a Family Relations Register depends on whether it is a simple clerical error or a matter that significantly affects a person’s legal status, such as a parent-child relationship. Court permission or a final judgment may be required, and you should prepare materials supporting the relevant facts.

At a glance

People involved → Person concerned → Family court → Local registration office → A Family Relations Register entry is mistaken or omitted → Does the correction affect legal status, such as a parent-child relationship, where a contest procedure is available? → Yes — Article 107 → No → Is a public official’s error clear from the report documents or existing registers? → Yes — Article 18 and Rule 60(2) → Is it clear that an act taking effect upon filing is void? → Yes — Article 105 → No — Article 104 → A final judgment is required Then apply to correct the register → Use the non-judgment route Court permission or eligible office correction → Court with jurisdiction over registered domicile → Gather proof, including relevant records or a final judgment → Foreign nationals may apply if concerned or legally or financially interested → Apply to the family court for the person’s registered domic…

Key points

  • If an entry is mistaken or omitted, you may apply for permission to correct it to the family court with jurisdiction over the person concerned’s registered domicile (Act on Registration of Family Relations, Article 104 (가족관계의 등록 등에 관한 법률 제104조)).
  • Matters that significantly affect legal status, such as a parent-child relationship, and for which a procedure to contest whether the relationship exists is available must be corrected on the basis of a final judgment (Act on Registration of Family Relations, Article 107 (가족관계의 등록 등에 관한 법률 제107조)).
  • If it is clear that an act whose legal effect arises upon filing a report is void, correction may be permitted by the court without a final judgment (Act on Registration of Family Relations, Article 105 (가족관계의 등록 등에 관한 법률 제105조)).
  • For certain matters where an error or omission by a public official is clear from the report documents or existing family or closed registers, the head of the Si, Gu, Eup, or Myeon may correct the entry ex officio (Act on Registration of Family Relations, Article 18 (가족관계의 등록 등에 관한 법률 제18조); Rules on Registration of Family Relations, Article 60(2) (가족관계의 등록 등에 관한 규칙 제60조 제2항)).
  • Because no separate direct litigation procedure is prescribed for conclusively determining a date of birth or the time of death, these matters are subject to correction with the court’s permission unless there are special circumstances (Supreme Court Order dated April 13, 2012, Case No. 2011Seu160).
  • Where registers have been created in duplicate, the parties cannot choose at their discretion which register to retain. If correction would affect a parent-child relationship, a related final judgment may be required.
  • A person who is a foreign national may also apply to correct a Family Relations Register if they are the person concerned or have a financial or legal interest in the matter.

Frequently asked questions

Q. Where do I apply to correct a Family Relations Register?

It depends on the reason for the correction and the procedure involved. If court permission is required, apply to the family court with jurisdiction over the person concerned’s registered domicile. Once permission is granted, apply for the correction to the head of the relevant Si, Gu, Eup, or Myeon. If the error is an obvious clerical mistake by a public official, you may ask the registration office to correct it ex officio.

Case 2, Case 6, Case 22

Q. Can the Family Relations Register be corrected if the date of birth is wrong?

A person’s date of birth may be corrected in the Family Relations Register. However, a correction will not be made based solely on the person’s assertion; the actual date of birth must be proved with evidence such as the medical institution’s childbirth records or other relevant materials.

Case 2, Case 10, Case 12

Q. If a parent is incorrectly listed in the Family Relations Register, is permission to correct it all that is needed?

Because matters concerning whether a parent-child relationship exists have a significant effect on a person’s legal status, they generally must be corrected following a final judgment in a related case, such as an action to confirm the existence or nonexistence of a parent-child relationship. After the judgment becomes final, apply to correct the register, attaching a certified copy of the judgment and a certificate of its finality.

Case 3, Case 4, Case 13, Case 18

Q. If a birth was reported twice and there are two Family Relations Registers, can I choose one to keep?

The parties cannot choose at their discretion. Which register should be retained is determined by examining the circumstances in which the registers were created. If closing a register would change a legal status, such as a parent-child relationship, a related final judgment may be required.

Case 11, Case 13, Case 21

Q. If a criminal judgment confirms that a marriage report was invalid, do I also need a judgment declaring the marriage void?

The guidance explains that where a criminal judgment makes it clear that there was no mutual intent to marry, a correction may be made with the court’s permission even without a judgment declaring the marriage void. This procedure applies where it is clear that an act whose legal effect arises upon filing a report is void.

Case 9, Case 22

Q. How can I correct a name that was entered incorrectly because of a public official’s mistake?

If it is clear from the report documents or from a former family register or a closed register that an entry is wrong, the matter may qualify for simplified ex officio correction. Ask the Si, Gu, Eup, or Myeon office that handled the matter to make the correction ex officio, and you may also provide materials confirming the person’s actual name and its correct spelling.

Case 6, Case 8

Q. Can I apply to correct a Family Relations Register after acquiring foreign citizenship?

Yes. Even if you are not a Korean national, you may apply to the family court with jurisdiction for a correction if you are the person concerned or have a financial or legal interest in the matter.

Case 20

Q. Can Korean nationals living overseas apply for a correction locally?

According to the guidance, you may submit an application for permission to correct the register and related materials to the head of a diplomatic mission abroad, so they can be forwarded to the family court with jurisdiction. For certain matters, you may request a correction from the registration office by attaching an investigation and confirmation report from the head of the diplomatic mission. Whether to make the correction depends on the circumstances of the case.

Case 7

Relevant laws

  • Act on Registration of Family Relations, Articles 15, 18, 57, 104, 105, 106, and 107 (가족관계의 등록 등에 관한 법률 제15조, 제18조, 제57조, 제104조, 제105조, 제106조, 제107조)
  • Rules on Registration of Family Relations, Article 37(1)(2) and Article 60(2) (가족관계의 등록 등에 관한 규칙 제37조 제1항 제2호, 제60조 제2항)
  • Civil Act, Articles 777, 781(4), 815(1), 865(2), and 883 (민법 제777조, 제781조 제4항, 제815조 제1호, 제865조 제2항, 제883조)
  • Family Litigation Act, Article 2 (가사소송법 제2조)
  • Special Act on the Creation of Family Relations Registers for Overseas Koreans, Correction of Family Relations Registers, and Organization of Family Relations Registers, Articles 5(1) and 6 (재외국민의 가족관계등록창설·가족관계등록부정정 및 가족관계등록부 정리에 관한 특례법 제5조 제1항, 제6조)
  • Special Measures Act on the Declaration of Absence, etc. (부재선고등에관한특별조치법)

Watch out for

  • Where you must apply to the registration office after receiving permission to correct the register or after a judgment becomes final, the guidance states that the application must be filed within one month of receiving a certified copy of the permission order or the judgment and certificate of finality, or within one month of the judgment becoming final.
  • A correction of facts such as a date of birth may not be allowed based solely on an assertion, so obtain evidence supporting the relevant facts in advance.
  • Corrections affecting legal status, such as parent-child relationships or family name and ancestral seat, may not be handled through a simplified permission procedure alone. Check which procedure applies to the reason for the correction.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

  1. 성전환수술을 한 경우 가족관계등록부의 정정이 허용되는지
  2. 생년월일이 실제와 가족관계등록부상 불일치하는 경우
  3. 혼인 외의 자가 혼인 중의 자로 등재된 경우 가족관계등록 정정방법
  4. 사망한 의부의 친생자로 신고된 경우의 가족관계등록 정정절차
  5. 실재하지 않는 자의 출생신고 정정방법
  6. 공무원의 착오로 잘못 기재된 가족관계등록부상의 이름 정정방법
  7. 재외국민의 가족관계등록부 정정절차
  8. 가족관계등록부 성명란의 이름 중 한글병기 표시의 정정방법
  9. 혼인할 의사가 전혀 없음에도 상대 여성을 한국에 입국시킬 목적으로 혼인신고를 하여 공전자기록에 불실의 사실을 기재하게 하였다는...
  10. 출생연월일·사망일시를 가족관계등록부 정정 대상으로 볼 수 있는지 여부
  11. 이중으로 출생신고 된 이중가족관계등록부의 등록부 정정절차
  12. 출생연월일의 정정 사례
  13. 이중가족관계등록부를 정리하는 방법
  14. 호주상속이 무효인 경우 제적부 및 가족관계등록부의 정정방법은 무엇인지
  15. 성(姓)과 본(本)의 정정
  16. 사망사실미확인 미수복지구거주자 가족관계등록부정리
  17. 가족관계등록이 편제된 미아가 부모를 찾은 경우 가족관계등록부정리
  18. 혼인외 출생자의 모의 이름을 생모로 정정하는 절차와 준정시기
  19. 친족법상 상속법상 중대한 영향을 미치는 사항의 의미
  20. 우리나라의 국적을 소지하지 아니한 사람도 가족관계등록부(제적부)의 정정을 신청할 수 있는지 여부
  21. 이중가족관계등록부의 동일성판단기준
  22. 정정신청에 의한 정정사유
  23. 주민등록번호의 정정
  24. 가족관계증명서에 외국인인 배우자가 누락된 경우 정정할 수 있는 방법
  25. 노르웨이 오슬로에서 출생하여 대한민국과 노르웨이의 국적을 가진 사건본인의 가족관계등록부상 출생연월일이 한국시각으로 환산하여 기...

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).