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| TITLE | Supreme Court Order 2021Seu3 Dated March 31, 2022 【Permission to Change a Child’s Family Name and Place of Family Origin】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Nature of the adjudication on the permission for a change of family name and the place of family origin of a child in accordance with Article 781(6) of the Civil Act, and whether the Family Court must determine whether to approve the petition for the change of family name and place of family origin by examining “whether the change of family name and place of family origin are in the best interest of the child” as the utmost priority from the guardian’s perspective (affirmative) [2] Matters to be considered when determining whether a certain case constitutes “where there exists a need to alter the surname and origin of surname of a child for the welfare of the child,” as prescribed in Article 781(6) of the Civil Act [3] Where either one of the parent, the child’s father or mother, desires to change the child’s surname and place of family origin and files a petition therefor, and the other parent has given consent, whether this circumstance is sufficient to consider that the requirements for permission to change the child’s surname and place of family origin have been satisfied (negative), and matters to be considered by the court in a case where either one of the divorced parents with a minor child files a petition for a change of the child’s surname and place of family origin | |
