In full view of the above provisions of the law and rules, a victim may not file a complaint against a decision to dismiss ad hoc measures requested by a prosecutor. According to this legal doctrine, the court of appeal may reverse the decision to take ad hoc measures at the first instance pursuant to Article 63(3) of the Rules, and the victim may not file a reappeal if it decides to dismiss

1. Article 10 of the Family Protection Trial Rules (hereinafter “Rules”) enacted pursuant to Article 39 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (hereinafter “the Act”) shall provide that a family court judge may decide to dismiss a request for ad hoc measures or a request for ad hoc measures with regard to ad hoc measures requested by a prosecutor pursuant to Article 8(1) of the Act. Article 49(1) of the Act provides that a prosecutor, domestic violence offender, legal representative, or assistant may file a complaint with the collegiate division of the family court if a decision to take ad hoc measures under Article 8 of the Act is violated or misunderstanding of facts that may affect the decision, or where such decision is significantly unfair, the decision may be made if such decision is made, or if such decision is deemed necessary for smooth investigation and examination or protection of victims, the family court to whom a home protection case was forwarded may rule to take ad hoc measures under Article 29 of the Act. Article 49(1) of the Act provides that a prosecutor or the collegiate division of the family court may render such a ruling where such decision significantly or legal representative substantially affected the decision.

In full view of the above provisions of the law and the rules, a victim may not file a complaint against a decision to dismiss ad hoc measures requested by a prosecutor. According to this legal doctrine, the court of appeal may reverse the decision to take ad hoc measures at the first instance pursuant to Article 63(3) of the Rules, and the victim may not file a reappeal if it decides to dismiss

2. In the instant case, the first instance court appealed against the prosecutor’s request for ad hoc measures. The lower court reversed the first instance court’s decision, and the victim’s reappeals the decision dismissing the prosecutor’s request, but the victim cannot make a reappeal as seen earlier. In addition, in light of the records, the lower court’s aforementioned decision is justifiable on the grounds stated in its reasoning.

3. Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jo Hee-de (Presiding Justice)