[항소장각하명령에대한이의][미간행]
In case where an attorney has submitted a letter of resignation to the court but has not notified the other party of such fact, whether his power of attorney exists (affirmative)
Articles 63(1) and 97 of the Civil Procedure Act
[Plaintiff-Appellant] Plaintiff 1 et al. (Law Firm Gyeong, Attorneys Lee Jong-soo et al., Counsel for plaintiff-appellant)
Plaintiff
D. C. Z. L.C. Z.
Seoul High Court Order 2008Na12103 dated February 13, 2008
The reappeal is dismissed.
The grounds for reappeal are examined.
Even if an attorney has submitted a resignation document to the court, the representative's authority still exists in order to secure stability and clearness of the proceedings (see Supreme Court Decision 94Da49311, Feb. 28, 1995, etc.). According to the records, since there is no evidence to be deemed that the re-appellant notified the other party of the fact of submitting a resignation document by the attorney, the service of the written judgment on the attorney is lawful. The court below's rejection of the petition of appeal on the ground that the appeal was not filed within 2 weeks from the date on which the written judgment was delivered, and there is no violation of the law that affected the judgment of the court below.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Young-ran (Presiding Justice)