[행정처분(면직처분)무효확인][집29(3)특,65;공1981.12.15.(670), 14505]
Where a petition of appeal submitted to the Supreme Court is sent to the court of original judgment, the time of judgment in compliance with the period of filing the appeal (=when it is sent
Where a petition of appeal was submitted directly to the Supreme Court and is forwarded again to the original court, the period of appeal shall be determined based on the time the petition of appeal is received to the original court.
Articles 395, 367, and 36 of the Civil Procedure Act; Article 14 of the Administrative Litigation Act
Plaintiff
Busan District Court Decision 200Do478 decided May 1, 200
Daegu High Court Decision 81Gu15 delivered on June 23, 1981
The appeal shall be dismissed.
The costs of appeal are assessed against the plaintiff.
ex officio, the appeal is lawful.
According to the records, the date of service of the original judgment to the appellant is 1981 July 3, 1981, and this case's final appeal was received to the original court (the final appeal was submitted to the party member immediately on July 17, 1981, and again sent to the original court) is clear that it is the 21th day of the same month, and the final appeal was submitted to the original court pursuant to Articles 395 and 367 of the Civil Procedure Act, and it is also stipulated that the final appeal shall be submitted to the original court. Accordingly, the period shall be observed based on the time when the final appeal was received to the original court. Thus, this case's final appeal is unlawful in excess of the peremptory period of the final appeal, and its defects cannot be corrected
Therefore, this case's appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jung-tae (Presiding Justice)