[Seocho-dong Legal Talk] "'The Glory' Moon Dong-eun's Biological Mother Files Lawsuit, Can Access Daughter's Information If She Wins"

"If you go to the community service center and get one document, it will show exactly where you are."

This line, spoken by the biological mother Jeong Mi-hee (played by Park Ji-ah), who came to find her daughter Moon Dong-eun (played by Song Hye-kyo) after 18 years in the Netflix drama 'The Glory,' has attracted attention in the legal community of Seocho-dong as to whether it is "really true."

Biological mother Jeong Mi-hee and daughter Moon Dong-eun [Photo by Netflix]

Jeong Mi-hee is a perpetrator of domestic violence who neglected and abused her daughter Moon Dong-eun. Ordinary viewers might just overlook this line in the drama. However, for some, it is a problematic expression that cannot be simply dismissed?especially for victims of domestic violence and the lawyers who assist them.

On the 16th, the Ministry of Justice explained that "this line differs somewhat from reality." The Ministry stated, "Under current law, if domestic violence victim Moon Dong-eun requests restrictions on the viewing or issuance of personal information documents related to the perpetrator, Jeong Mi-hee cannot obtain her daughter's information from the community service center or elsewhere."

However, based on tips and investigations received by this outlet, this explanation is not 100% accurate. There are loopholes.

The Ministry of Justice's explanation is correct, but... "If you win a lawsuit, you can check the information"

First, the Ministry of Justice's explanation is correct. Even if the domestic violence perpetrator is an immediate family member, they cannot simply go to the community service center and demand the victim's resident registration certificate or transcript and receive it. This is based on the new Family Relations Registration Act implemented last year. This law stipulates that domestic violence victims cannot obtain family relation certificates of spouses or direct blood relatives designated as perpetrators. It also prevents records related to domestic violence victims from being publicly disclosed in family relation certificates issued under the name of perpetrators or third parties. Articles 29, paragraphs 6 to 8 of the Resident Registration Act also prohibit unconditional issuance and viewing of the perpetrator's resident registration certificates or transcripts. At least minimal safeguards are in place.

However, in reality, there are loopholes through which the victim's personal information can be obtained. A person identified as A, who reported to this outlet, is a victim who suffered domestic violence from her father for a long time. She left home with her mother to escape her father. Meanwhile, in May 2020, her father filed a lawsuit against A and her mother for building possession, demanding "both of you leave my house." The mother and daughter, afraid even to face the trial, gave up responding, and the father automatically won the case. Subsequently, citing enforcement of the judgment, the father obtained A's resident registration transcript three times at the community service center in December last year and in February and March this year.

The community service center notified A that "Article 29, paragraph 2 of the Resident Registration Act takes precedence over paragraphs 6 to 8 of the same article, so the transcript was issued." Paragraph 2 lists seven exceptions where someone other than the person themselves can obtain resident registration certificates or transcripts. A's father fell under the second exception: "cases necessary for litigation, non-litigation cases, or auction purposes under relevant laws." A lawyer commented, "Even if the person is a domestic violence perpetrator, if they win a civil lawsuit, the judgment must be enforced, so the information was provided," adding, "Although the Family Relations Registration Act has restriction provisions, there are loopholes in other laws such as the Resident Registration Act."

Domestic Violence Graphic
Photo by Asia Economy DB

Amendment of the Resident Registration Act is under the Ministry of the Interior and Safety... "Social discussion is a priority"

To close these loopholes, the Ministry of the Interior and Safety, which oversees amendments to the Resident Registration Act, must take action. To protect a real-life "Moon Dong-eun" from a "Jeong Mi-hee," it seems necessary to newly specify that paragraphs 6 to 8 of Article 29 of the Resident Registration Act take precedence over paragraph 2. However, the Ministry of the Interior and Safety is currently not known to be reviewing amendments or planning related measures. Internally, there has been mention of a plan where, if a domestic violence perpetrator who won a civil lawsuit requests the victim's information, the information would be delivered to the court rather than the perpetrator, thereby achieving the purpose of the lawsuit while protecting the victim. However, it appears this has not progressed to the stage of concrete legislative amendment.

Voices from the legal community call for social discussion. While protecting domestic violence victims is important, there are various opinions on whether it is legally appropriate to block enforcement of judgments when a domestic violence perpetrator wins a separate lawsuit. A legal community official said, "Legal disputes between domestic violence victims and perpetrators often proceed in various ways, which complicates the issue," adding, "Complex legal issues related to domestic violence are presenting another challenge to our society."