Whether a final appeal under Article 11(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (negative) can be converted into an application for a final appeal under Article 12(1) of the same Act where no final appeal is recognized (negative)

Where the grounds for appeal under each subparagraph of Article 11 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings are not recognized in a civil high-ranking case to which the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings applies, it is not allowed to convert the appeal into an application for permission of appeal under Article 12 (1)

Articles 11(1) and 12(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellee)

Attorney Park Jong-soo, Counsel for the defendant-appellant

Korea

Seoul Civil District Court Decision 89Na32677 delivered on February 2, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

Under Article 11 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, an appeal may be filed only on the ground that there is a ground falling under the above Article 11 (1). Therefore, the judgment of the court below does not fall under any of the above Article 11 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and it does not constitute a legitimate ground for appeal.

In addition, in a civil case where the above special cases are applied, if the grounds under each subparagraph of Article 11(1) of the same Act are not recognized, the appeal is not allowed to be converted into an application for permission for an appeal under Article 12(1) of the same Act (see Supreme Court Decision 82Da208 delivered on July 13, 1982). Therefore, the plaintiff's assertion that the grounds for appeal are applied to the appeal considering the grounds for appeal as the grounds for application for permission

Therefore, the appeal of this case is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won