[상고허가신청·이혼][공1982.10.1.(689),817]
Whether the provision of an application for a request for a final appeal applies to family adjudication cases (negative)
The application for a final appeal under Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and family trial cases shall not be applied.
Article 12 of the Act on Special Cases concerning Expedition etc. of Legal Proceedings
Applicant-Appellee, Attorney Hong Jong-sung et al.
Respondent
Daegu High Court Decision 80Reu93 delivered on March 31, 1981
The appeal shall be dismissed.
An application for a final appeal under Article 12 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to civil cases, and it is evident that the application for a family inquiry case like this case is not applicable in light of the provisions of Article 2 of the same Act (the applicant has filed an appeal as a party member 81Meu43).
Therefore, this request is unlawful and dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jung-tae (Presiding Justice)