改名許可의 要件 ―대법원 2005. 11. 16.자 2005스26 결정(公 2006상, 35)―

The decision of the Korean Supreme Court on November 16, 2005 declared that the change of given name should be granted if there is an adequate reason and it is not an abuse of right. This decision was welcomed by many because it has expanded the freedom to change the given name. But it is not clear why there should be an adequate reason for change of given name. This article surveys the discussions on this problem in Korea, makes a comparative analysis, and concludes that the requirement of adequate reason is unnecessary because of the following reasons. First, the Korean statutory law prescribes no such requirement. Second, in view of the fact that the freedom to change one’s given name belongs to the human right guaranteed by Constitution, there should be a compelling reason to restrict such freedom. Consequently, the petition to change one’s given name should be always granted unless there is a special circumstances that make the petition an abuse of the right. It seems that after this decision the Korean courts require no adequate reason also practically.