The defendant asserts to the effect that the appeal by the deceased BI, the network BU, and the network CN is unlawful, as it was filed in the name of the deceased after the death of the deceased.

In a case where a judgment is granted to the deceased’s legal representative the special right of acceptance of an appeal, the proceedings shall not be interrupted even if the judgment is served, and the appeal period shall proceed without filing an appeal. If the appeal period expires without filing an appeal, the judgment shall become final and conclusive, but the judgment shall not become final and conclusive if a lawful appeal is filed by the deceased’s legal representative or his heir or the other party (see Supreme Court Decision 2007Da22859, Dec. 23, 2010). Meanwhile, in a case where a judgment is rendered after the interruption of a legal procedure due to the death of either party during the proceeding and the pleading is suspended and the pleading is concluded, the judgment shall be deemed unlawful in the procedure that excludes the legitimate assignee’s right of acceptance, but the judgment shall not be deemed null and void. However, the judgment shall be deemed to have been rendered by an appeal or retrial on the grounds of defects in the power of attorney, and thus, the judgment shall not be deemed to have been made in a case where a legitimate inheritor received a request for resumption or a final appeal and the final appeal are not made.

In addition, in light of Article 424(2) of the Civil Procedure Act by analogy, if the parties confirm that the procedure of the court below is legitimate explicitly or implicitly after the judgment, the grounds for appeal or grounds for retrial as above.