Purpose of Family Relations Registration System
Unlike the former Family Register System which compiled the family relations according to the patriarchal family system, the Family Relations Registration System records information regarding the establishment of and changes in family relations such as the birth, adoption, marriage, and death of individual citizens in the Family Relations Register so as to publicize and notarize the registered data by way of certificates.
The Family Relations Register comprises computerized data developed for the respective individuals classified according to their place of registration. As such, no original copies exist, such as for the existing paper-based Family Register or computerized family register, and what citizens receive are not the Family Relations Register itself but only certificates of it.
Enactment of the ACT ON THE REGISTRATION OF FAMILY RELATIONS to Replace the Family Register Act
Pursuant to the Constitutional Court’s rulings (Constitutional Court Rulings 2001 Hunga 9 and 10 declared on February 3, 2005, etc.) declaring the Family Register System unconstitutional on the grounds that it runs counter to the constitutional ideals of individual dignity and gender equality, the Family Register System was effectively abolished and replaced by a new identity registration system following the enactment of the Act on the Registration of Family Relations, Etc., which came into effect on January 1, 2008.
Processing of Family Relations Registration Affairs
The registration affairs of family relations, conducted at the national level and overseen by the Supreme Court of Korea, are delegated to and are under the authority of the heads of local governments (Si(Gu), Eup, Myeon). From July 1, 2015, the registration of family relations of Korean citizens residing abroad can be processed by registrars at Family Register Offices for Overseas Koreans.
Right to Request Issuance of Certificate and Restrictions
The former Family Register Act was vulnerable to protect personal information as it did not provide for any restriction as to for whom certified copies/extracts of the Family Register could be issued or for what purpose.
The Act on the Registration of Family Relations not only restricts access to personal information by classifying certificates by type but also limits those who can request for the issuance of a certificate to a) the person concerned, b) the spouse, c) lineal blood relatives, and d) their agents, thereby providing a balance between the complete protection of personal information and the public authority of certificates as official documents.