Domestic violence offenders cannot obtain family relation certificates containing family personal information

Ministry of Justice Revises Family Relations Registration Act... New Restrictions on Issuance, Delivery, and Viewing of Family Relation Certificates and Basic Certificates

[Asia Economy Reporter Baek Kyunghwan] In the future, perpetrators of domestic violence will face restrictions when issuing certificates related to family registration, such as the victim's family relationship certificate, even if they are family members. This measure aims to preemptively block the possibility of domestic violence perpetrators unlawfully obtaining the victim's personal information and committing additional crimes.

According to the legal community on the 1st, the Ministry of Justice has completed internal discussions on the "Amendment to the Act on Family Relations Registration, etc." containing these provisions and decided to proceed with legislative notification.

Under the current Article 14, Paragraph 1 of the Family Relations Registration Act, the individual, spouse, or direct blood relatives are allowed to issue family relationship certificates, basic certificates, marriage certificates, and so on. Even perpetrators of domestic violence had no restrictions on issuing or viewing information about the victimized spouse or children, meaning that victims could be identified through certificate issuance even if they changed their names or moved to avoid the perpetrator.

Accordingly, the Ministry of Justice judged that domestic violence victims could be exposed to further criminal risks and established restriction requirements through amendments to the "Act on Family Relations Registration, etc."

First, victims will be able to apply for restrictions on information provision against the perpetrator spouse or direct blood relatives. Under the "Special Act on the Punishment of Domestic Violence Crimes," domestic violence perpetrators will not be able to issue or receive the victim's certificates or view records in the registry.

However, provisions remain allowing the issuance, delivery, or viewing of certificates for the perpetrator themselves or third parties who are neither the perpetrator nor the victim. The victim's personal information will be provided in a way that conceals it, and if there is any objection, an opportunity for appeal will be given through the family court.

This amendment began after the Constitutional Court ruled the provisions of the Family Relations Registration Act, which did not restrict the issuance of family relationship certificates to domestic violence perpetrators, as unconstitutional.

In a case where a domestic violence perpetrator ex-husband continued to harass the victim after divorce, the petitioner A filed a constitutional complaint arguing that the "Act on Family Relations Registration, etc." which did not restrict the ex-husband from requesting the issuance of the child's certificate to obtain necessary personal information for additional harassment, infringed on the right to self-determination of personal information. At that time, the Constitutional Court concluded, "The part of Article 14, Paragraph 1 of the Family Relations Registration Act that allows the issuance of family relationship certificates and basic certificates is not in accordance with the Constitution."

The Ministry of Justice expects that through this amendment, the management of personal information for domestic violence victims will be strengthened, significantly reducing potential domestic violence incidents. The Ministry plans to continue identifying and improving legal issues related to "family." It has already completed or is finalizing amendments to laws such as the birth notification system for child rights, the system that deprives inheritance rights of parents who fail to fulfill child-rearing obligations or abuse their children (the Goo Hara Act), and the "Act on Family Relations Registration, etc." which facilitates birth registration by unmarried fathers.

This content was produced with the assistance of AI translation services.