The reason applications for correction of the family register are discussed more frequently these days is that the Family Relations Register was introduced following the abolition of the Head of Household System in 2008. Before that, one had to apply for a correction to change information recorded in the family register, but now Correction of registrationIt is called that. Not only has the name changed, but the procedures and evaluation criteria have also changed.
There are various types of corrections, ranging from gender and date of birth to the Hangul transliteration of Hanja surnames, and the required documentation and evaluation criteria differ for each. In this article, we have summarized the process for the three most frequently asked corrections and addressed common misconceptions.
Are corrections to the family register and corrections to the registry different?
Strictly speaking, the name has changed. Prior to 2008, it was called "Hojeok Jeongjeong" because household registers were managed under the Hoju system; however, with the abolition of the Hoju system, the system transitioned to the Family Relations Register, where anyone is registered as an individual. Therefore, nowadays, officially Application for correction of registrationIt is called that.
The place to apply is also not the family registration office competent family courtOnce the court issues a decision granting permission for the correction after a hearing, you proceed with the procedure of filing a correction report at the family registration office based on that decision. You can proceed on your own or receive assistance from a judicial scrivener.
Is it possible for anyone to change their gender through surgery?
No. One common misconception is that "you can just have surgery," but actually, You must receive a diagnosis of gender identity disorder from two or more psychiatrists. It is not just the medical certificate that matters; previous medical treatment records are also important. We examine how long hormone therapy was received, what the psychotherapy was like, and the extent of any external physical changes that occurred during that process.
The court, not merely based on medical standards, Up to the degree of social adaptation We verify this. In other words, the key point of the review is whether the individual has actually engaged in social life for a long time under the transitioned gender. Furthermore, if the issuance date of the medical certificate or surgery confirmation is too old, or if a history of treatment discontinuation cannot be explained, it is highly likely that the court will handle the matter strictly.
Is it true that you cannot change your gender if you have children?
That is not the case now. This is also a point that is often misunderstood; in the past, the application itself was meaningless if you had minor children. However, November 2022 Supreme Court en banc decisionThis changed this. If the current marital relationship is dissolved and there are only minor children, factors such as the children's age, level of understanding regarding the transition of parenthood, the parenting environment, and the impact on the children's welfare are considered. Decision made after specific deliberationIt means it changed to doing it.
Simply put, it means that instead of saying "it is unconditionally impossible because you have children," they examine each case individually by asking, "Is it okay in this situation given that you have children?" Of course, it is still strict, but you can view it as the door to possibility having opened a bit more than before.
How can I prove that my date of birth is incorrect?
The reason this is tricky is that the court does not make a judgment based on only one or two pieces of evidence. By gathering various public records, such as birth-related documents like birth certificates or hospital records, past identity records like deregistration certificates, academic records like school life records, extracts of resident registration, and vaccination or medical records... Whether there are any contradictions I will check.
The key is not having a large amount of data, but whether the data points to the same date of birth. Correction is possible if the day (or month) was incorrectly recorded during the registration process at the time of birth, or if different dates of birth are consistently confirmed in older official records. This is why data selection is crucial, and it is common for people who attempt to handle the process themselves to be asked to make corrections due to incomplete documentation.
Can I change a Hanja surname to Hangul?
It is possible. There are cases where the original Hanja surname is recorded differently from its Hangul spelling due to the computerization of family registers or the mechanical application of the initial consonant rule. Both online (Supreme Court Electronic Family Registration System) and offline You can proceed.
However, there is one important thing. It is not just about changing your surname. All family members with the same surname change togetherThe point is that you have to do it. Also, if you postpone this matter, it could cause problems later during important legal procedures such as passport issuance, real estate registration, and the division of inherited property, so it is best to resolve it quickly as soon as you discover it.
To decide how to proceed
For correcting gender, date of birth, and Chinese character surnames, “what materials to prepare” is half the battle to success.
You can save money by filing with the court yourself, or reduce procedural errors with the help of a judicial scrivener. The most common mistake when proceeding independently is incomplete documentation, so it is crucial to identify in advance which materials are required for the review. If you entrust the task to a judicial scrivener, they will handle everything from selecting key evidence and drafting the application to responding to corrections and taking follow-up actions such as resident registration after the correction.
Expert assistance can be efficient when the types of corrections are complex or preparing materials is complicated. Conversely, if the process is relatively simple and the materials are clear, taking the time to handle it yourself is also a good option.