In a case where the appellate court dismissed an appeal against a decision to dismiss an application to appoint a special representative under Article 62 or 62-2 of the Civil Procedure Act / In a case where the appellate court dismissed the appeal against the decision to dismiss the application to appoint a special representative, whether the re-appellant is limited to the method and the period of appeal (negative)

Articles 62, 62-2, 442, and 444 of the Civil Procedure Act

Re-appellant

Seoul High Court Order 2018Ra1133 dated May 23, 2018

We reverse the order of the court below.

The grounds of reappeal are examined.

Inasmuch as there is no provision that an immediate appeal shall be filed against a ruling dismissing a request for appointment of a special representative under Article 62 or 62-2 of the Civil Procedure Act, the final appeal shall be filed in a way of ordinary appeal under Article 439 of the Civil Procedure Act.

Therefore, when the Re-Appellant applied for the appointment of a special representative under Article 62 or 62-2 of the Civil Procedure Act, the first instance court is dismissed, and the Re-Appellant appealed, but the appellate court dismissed the appeal, the Re-Appellant is not an immediate appeal against the decision of the appellate court, but an ordinary appeal, so there is no limit to the period of appeal as long as there is interest in the appeal.

Nevertheless, the lower court issued an order to dismiss the Re-Appellant’s appeal on the premise that any objection against the dismissal ruling of a request to appoint a special representative pursuant to Article 62 or 62-2 of the Civil Procedure Act ought to be an immediate appeal, on the ground that the reappeal against the dismissal ruling was filed seven days after the period of the immediate appeal expires. In so doing, the lower court erred by misapprehending the legal doctrine on the method of objection against the dismissal ruling of a request to appoint a special representative, thereby adversely affecting the conclusion of the judgment. The ground for reappeal

Therefore, we reverse the order of the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kwon Soon-il (Presiding Justice)