In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Where a person with the duty to report failed to report within the demand period, or the demand could not be made, what must the district office put before the supervising court?

General information · Not legal advice

Material to check

The exercise file holds the notification data the district office received under the Act's notification step, since those are the papers the office must attach. It also holds the notice it sent to those with the duty to report, showing the demand period it set, or a note showing why the demand could not be made, such as the duty-holders not being identifiable.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading treats the attached data and the court's permission as a pair: under the Act on the Registration of Family Relations, where those with the duty to report did not report within the demand period set by the office's demand, or where the demand could not be made for reasons such as the duty-holders not being identifiable, the head of the city, town or village office records the birth on the register only with the supervising court's permission and the notified data attached.

Another reading keeps the two listed situations apart: the first runs from a demand that was actually made and whose period expired unmet, while the second reaches any reason the demand cannot be made, the wording not being limited to an unidentifiable duty-holder, and the provision names only the notified data to attach, leaving open what that data contains and how the supervising court decides.

Your judgment

If the demand was made but the file cannot show the period it set, how could the office show the supervising court that the first listed situation arose?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to specify what the attached data must contain or the form of the permission application, or if Supreme Court rules set out what the supervising court must examine before granting permission.

Take this question furtherSee a claim–evidence table
You are reading PRO SE
RISCON Labsrisconlabs.com