출생 및 사망신고에서의 인우보증제도의 개선방안

Abstract

In the Birth and Death Registration of Family Registration Law, there have been frequent misregistrations that abuse the system of ‘guarantee of the neighborhood’. Therefore, questions regarding the authenticity of registration have been arisen, and the necessity to maintain the system has significantly decreased. Whether the system of ‘guarantee of the neighborhood’ needs to be maintained remains controversial. However, it is manifest that it no longer serves as a means of verification, which is the core function of the Birth and Death Registration. There are various means of addressing the repeal of the guarantee of the neighborhood system. Above all, it is important that a reasonable plan that addresses the exceptional cases in Birth and Death Registration is devised. The registration should be done with screening of legal requirement and checking of infraction, and should be in accordance with the purpose of Family Registration system, which officially notarizes and announces personal social status. I suggest amending the relevant regulations, in accordance with comparative studies, to provide for exceptional cases in the Registration of birth and death, in which birth certification or medical certificate of death cannot be obtained. In such cases, objective materials for verification must be submitted; if the material cannot be submitted or is lacking in certification of contents, public officer should request the district Family Court and process according to it. This should lead to decrease of various crimes like illegally acquiring citizenship by Birth and Death Registration.