Hello, this time, we will look at how to apply for a name change online. Last year, there were 162,899 applicants for name change, and according to the Supreme Court statistics, the average annual number of name change applications nationwide reached 150,000. Since there was a precedent that in the past, the right to name constitutes a part of the right to pursue happiness and the right to personality in the Constitution, the number of applicants for name change has been steadily increasing due to reasons such as being easy to misunderstand gender or embarrassing. Today we are going to learn how to conveniently apply for a name change online.
How to apply for a name change online, documents, procedures, what to do after name change
How to apply for a name change
1) What is a name change?
In general, a name change is a court-approved change of a name on the Family Relations Register with a new name. However, the freedom of name change is limited to some extent because changing the name at will can destroy the social life order formed around the existing name. When changing a name, the applicant or legal representative can file an application for name change in court. Even a minor can apply for a name change directly to the court if he/she has medical ability.
If you fill out a name change notification form to change your existing name and then apply for permission to the Family Court in charge of your domicile or address, it will be decided whether or not to allow the name change. At this time, if the court serves the decision to permit the change of name, you must bring a copy of the decision to permit the change of name and report it to the family registry office within one month. However, recently, you can conveniently apply for a name change online. After the electronic family relationship registration system prepares the attached documents through the website, you can proceed on the website of the Korean court electronic litigation.
2) Application method, procedure, and documents
There are various reasons why people want to change their name, such as when people around them make fun of their name, when they are stressed because they have the same name as the person they hate, or when they want to change their name because of a bad business owner. In what cases can I change my name, what documents are required to change my name, and what procedures do I have to go through? 개명 후 할일
Procedure for name change application 좋은뉴스
An application for name change must be submitted to the Family Court having jurisdiction over the address of the person who wishes to change the name (Seoul Family Court in the case of Seoul). You can also apply by mail, but in general, it is better to visit and apply. When you apply for a permit, a decision is usually sent to your home after 1 to 2 months (if there are missing documents in the application, an order for correction may be issued). If it is a decision to grant permission, if you report it to the city/gu/eup/myeon with a certified copy within one month, all procedures will be completed. If the court does not allow it, you can appeal the court’s decision once again, and if the appeal is dismissed, you can appeal again to the Supreme Court.
The reason for the change of name is widely accepted.
There is no specific reason for a name change in the current laws and regulations, it only stipulates that you must obtain permission from the Family Court. Therefore, the requirements of ‘the name change is possible in this case’ and ‘the name change is not possible in that case’ that many people know are based on the contents of the judgment made by the court in each case. In the past, there was a tendency that the courts did not give permission for the name change application well, but recently, there is a trend to give permission if there is no special problem for the reason that the person needs the name change.
Looking at the above, even if the reason for applying for a name change is based on personal judgment, such a decision is based on serious consideration, and the name change application is repeated or is not too strange. It can be said that a name change is possible unless there is an impure intention or purpose to do so.
Documents for name change application
The documents required for the name change application are the name change permission application and attached documents. There is no special form for the name change application, just fill out the form as shown in the picture. The other part is not difficult, and the reason for the application is to write the reason for the change of name, and it will give you permission if you write it in a serious, detailed and persuasive manner.
Attached documents are the basic certificate of the person, proof of family relations (self, father, mother, child), and a copy of resident registration. In addition, if there is a criminal record inquiry, bankruptcy, immunity, etc., the decision, confirmation letter, and credit information inquiry form are additional attached documents. This is to prove that you are not trying to change your name for an impure purpose. In addition, depending on the reason for the name change, you can attach the necessary documents (genealogy, career certificate, letter, bankbook, etc.) to prove the facts.
3) Internet name change application
Prepare the necessary documents for the application in advance
When applying for a name change online, you usually need to prepare 5 attached documents. Basic certificate (details), family relations certificate (details), parent and mother family relations certificate (details), resident registration, etc. Prepare one bottle at a time. In this case, the basic certificate and family relationship certificate can be issued through the electronic family relationship registration system, and the resident registration (second) copy can be issued through the government 24 website.
Fill out the application for permission to change the name of the electronic litigation website
If you have scanned the documents required for online name change application and prepared a file, you can access the Korean court electronic lawsuit website and fill out the name change permission application form. At this time, you need to log in with the accredited certificate, and click Submit Documents -> Housework Documents -> Send Family Relations Registration Fee -> Application for Name Change Permission to open the case confirmation page. After checking No case, click the Create Party button in the next step to create an electronic name change report. All you have to do is fill out the basic information of the party and the purpose of the application, and attach the prepared documents.
Submission of name change permission application
If you have completed the court name change application form, you will be directed to the payment page for court costs. After paying the fee through a virtual account, bank transfer, credit card, or mobile phone micropayment, submit the documents on the last page to complete the Internet name change application process. It takes 1-3 months for a decision on permission to change the name, so you just have to wait.
4) Things to know before and after applying for a name change
What do I need to know before changing my name?
Supreme Court finds the right to pursue happiness in the name
Until the early 2000s, the courts imposed strict standards on permission to change the name. It was easy to change the name because it caused confusion in social life. That’s why they didn’t change their names well unless they were young children or people with very special reasons.
example
Kim Jeong-suk (pseudonym, 60), who lived with the pleasure of seeing her children and her grandchildren flirting with her, visited the courthouse for the first time in her life. There was one thing that made Mr. Kim, who was living her happy family life, uncomfortable, that she had the same name as her eldest daughter-in-law. As her uncle had the same name, the rest of the family was also uncomfortable. So, Mr. Kim wanted to apply for a name change. However, the court did not accept Kim’s application for name change. The Supreme Court also concluded that “the first and second trials were justified in judging that there was no substantial reason to change the name in the family register 1) just because it was the same as her eldest daughter-in-law’s name.” Supreme Court case 89s 10
This case (Supreme Court 89s 10 case) is a case in the 1990s. It shows the court’s attitude toward the name change in the past, which did not change even if the names of daughter-in-law and mother-in-law were the same. As such, the court has maintained a cautious attitude, saying, “As a name is social, it should be allowed only in very special cases.” However, it was in 2005 that a wind of change blew in the attitude of the courts. It was the beginning of the Supreme Court precedent (2005 S 26 decision) that looked at the name change from an individual’s perspective.
example
In 2004, classification society (man in his 30s), many people mistake his name for a woman’s name, and applied for a name change because his Chinese characters were too difficult. In both the 1st and 2nd trials, the name change was not permitted. However, the final decision of the Supreme Court was different. The Supreme Court ruled that the character ‘Bun’ in Goo’s name was misread as ‘Bon’, had difficulties in writing documents using a computer, and was mistaken for a woman’s name, causing inconvenience in daily life. The Supreme Court upheld Goo’s hand, saying, “It cannot be seen that there were other impure intentions or that the right to apply for a name change was abused.” Supreme Court 2005s 26 Decision
This decision brought about a revolution in the court’s standard for permitting a name change. The Supreme Court found constitutional rights such as the right to pursue happiness and the right to personality in the name of a person. If the courts have focused on sociality and public nature as the criteria for permission to change a name, in this case, they have emphasized the aspect of protecting individual rights.
“A name (name) is a mark that identifies a specific individual from others and at the same time has a high degree of sociality, such as forming social relationships and trust. On the other hand, from the standpoint of the individual who is the subject of personality, It has a meaning as a symbol, and furthermore, it is the basis for the right to name, which is the right to place under one’s management and disposition without infringing on the interests derived from the name. Because it is a subject of self-determination, one’s subjective opinion should be emphasized.”
Supreme Court 2005. 11. 16. 2005s 26 Decision
Therefore, when deciding whether to grant permission for a name change, “not only the public aspects such as the social meaning and function of the name, social confusion and side effects caused by the name change, but also personal aspects such as the subjective intention of the name change applicant and the necessity, effectiveness and convenience of the name change must be fully considered. will do,” he said.
The Supreme Court said that ▲If parents feel dissatisfied with the name they made unilaterally, it is not justifiable to force them to live with that name for the rest of their lives. What to expect ▲ We paid attention to the fact that strict restrictions on name change could lead to infringing on the right to personality and the right to pursue happiness. Therefore, if there is no impure purpose, in principle, the name change should be permitted.