[1] The meaning of "other general legal cases" and "other legal affairs" under Article 109 (1) of the Attorney-at-Law Act

[2] Whether an act of inspecting a certified copy of real estate register to confirm and investigate the relationship of rights entered on the register or to enter its contents in documents such as a report, etc. can be deemed as an act of dealing with legal affairs under Article 109 subparagraph 1 of the Attorney-at-Law Act (negative)

[3] The case holding that the act of entering into an agreement with the insurance company and the Internet portal site operation company and entering into an association agreement, inspecting the copy of the register of real estate and then making a report in the form of transfer without changing the contents of the register, and conducting an investigation of the rights related thereto does not constitute "legal affairs" under Article 109 subparagraph 1 of the Attorney-at-Law Act

[1] In full view of the legislative purport of Article 109 subparagraph 1 of the Attorney-at-Law Act and Article 3 of the same Act, the term "other general legal cases" listed in Article 109 subparagraph 1 of the same Act as the subject of the prohibition of handling affairs by non-legal attorneys-at-law, refers to a dispute or doubt as to legal rights and obligations, or a general case concerning the occurrence of new rights and obligations, and the term "other legal affairs" in the same Article means the handling of matters that cause, modify or extinguish legal effects and the handling of matters that preserve or clarify legal effects.

[2] It is clear that the so-called legal analysis work of analyzing the acquisition, alteration or collision of the rights corresponding to the legal effect of the rights registered in the relation of real estate rights or the register of real estate register falls under the legal affairs provided by Article 109 subparagraph 1 of the Attorney-at-Law Act. However, the act of inspecting the register of real estate to confirm and investigate whether the right to collateral security, lease on a deposit basis, lease on a deposit basis, provisional seizure, provisional disposition, etc. has been established on the register or to enter the contents thereof in the documents such as the report as it is does not include any judgment on the legal effect of the right to collateral security, lease on a deposit basis, etc. or the relation between rights, but it is merely a kind of factual act that can be perused, and it cannot be viewed as an act of handling the legal affairs provided by Article 109 subparagraph 1

[3] The case holding that the act of entering into an agreement with the insurance company and the Internet portal site operation company and entering into an association agreement, reading a certified copy of the register of real estate concerning the real estate requested by these companies, making a report in the form of transfer without changing the contents of the register, and conducting an investigation of rights related thereto does not constitute "legal affairs" under Article 109 subparagraph 1 of the Attorney-at-Law

[1] Article 3 and Article 109 subparagraph 1 of the Attorney-at-Law Act / [2] Article 109 subparagraph 1 of the Attorney-at-Law Act / [3] Article 109 subparagraph 1 of the Attorney-at-Law Act

[1] Supreme Court Decision 96Do2340 delivered on August 21, 1998 (Gong1998Ha, 2361)

Defendant

Kim Young-young

Law Firm Hak-ho, Attorneys Soh Tae-ho et al.

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

The charge of violation of the Attorney-at-Law Act among the charges of this case is not guilty.

The defendant is the representative director of the non-indicted 1 corporation located in Gangnam-gu Seoul (detailed address omitted).

On September 1, 2003, the non-indicted 1 corporation was not a certified judicial scrivener on September 1, 2003, but entered in the document that the non-indicted 1 corporation handles the affairs of a certified judicial scrivener for the purpose of obtaining profits by adding the "10. Real Estate Registration Business" to the "10."

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Copy of the corporate registration (178 pages);

[The defendant stated in the corporate registry of the non-indicted 1 corporation that "real estate registration affairs" means that the business of the non-indicted 1 corporation deals with "registration application affairs" rather than "registration application affairs", which are the affairs of the certified judicial scrivener, and merely stated that the business of the certified judicial scrivener deal with "registration receipt affairs", and therefore there was no intention to act as an agent for the certified judicial scrivener. However, the above violation of the Certified Judicial scrivener Act is established by stating that the business of the certified judicial scrivener is dealt with for the purpose of earning profit. Thus, even if the defendant did not have the intention to act as the certified judicial scrivener, it is difficult to exempt the defendant from his responsibility unless the above indication concerning registration affairs, which are the affairs of the certified judicial scrivener, is stated in

1. Relevant legal provisions and choice of punishment concerning facts constituting a crime: Article 74 (1) 2 of the Certified Judicial Scriveners Act (Selection of Punishment of Fines);

2. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act.

1. Summary of the facts charged

The defendant is the representative director of the non-indicted 1 corporation, who is not an attorney-at-law, in return for receiving or promising to receive money, valuables, entertainment or other benefits, or for providing or promising to provide them to a third party, the defendant shall not conduct appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents and other legal affairs with respect to litigation cases, non-contentious cases, family conciliation, adjudication cases, request for adjudication, administrative appeal or objection against other administrative agencies, appeal cases against an appeal against an administrative agency, investigation cases handled by an investigation agency or other general legal cases handled by an investigation agency established by law or by an investigation agency

A. On June 29, 2004, at the name of Non-Party 1 Co., Ltd., which is not an attorney-at-law, entered into a strategic partnership agreement for the promotion of a joint project with the Psastmera Co., Ltd. (hereinafter “Sastruamera”), and on December 9, 2005, on the following items divided into the ownership, provisional attachment, and collateral security item in the Pastamera Co., Ltd. (hereinafter “Sastamera”), and entered into a report with the Pamera Co., Ltd. (hereinafter “Samera”), and entered into the agreement with the Pamera Co., Ltd. on December 9, 2005, the following items can be entered into: (i) the ownership, provisional attachment, and collateral security item in the Pamera; (ii) the date of receipt of registration; (iii) the status of the survey opinion; (iv) the research result: (iii) the preparation of a report stating 36,135 won in consideration; (v) the combination of rights and (v.

B. On March 7, 2005, around 2005, NHN Co., Ltd. (hereinafter “NHN”) that operates NHN under the name of Nonindicted Co. 1, which is an Internet portal site, entered into a contract on the partnership of NHN real estate (hereinafter “NHN”), and around September 2, 2005, with respect to the Gyeonggi-si ( Apartment address and club number omitted), the following items divided the ownership, provisional registration, collateral security items into a summary of the registry, and classified the ownership, the date of receipt, the type, the grounds for registration, the maximum amount of claims, etc., and entered the following items in the summary of the registry, and there are rights issues other than the ownership, the ownership, the ownership registration, the claim for ownership transfer registration (name omitted), the right investigation report was prepared, which was received from 300 to 3795,705, and the attorney’s right investigation was conducted in return for the execution of the rights investigation report.

2. Basic facts

According to each of the above evidence, Nonindicted 2 and 3’s legal statement and evidence Nos. 3 through 5, the following facts are recognized.

A. On June 29, 2004, Nonindicted Co. 1 entered into a strategic alliance agreement for the promotion of joint projects with Amera, and according to the above agreement, Amera shall request Nonindicted Co. 1 to carry out the title investigation duties incidental to the title insurance contract, carry out the pertinent title insurance duties, and Nonindicted Co. 1 shall carry out the title investigation duties.

On August 10, 2004, Non-Indicted 1 Co., Ltd. made a business consultation in accordance with the Amera and the above Convention, and the contents of the meeting are as follows.

(1) Process

○○ The receipt of a written request for the investigation of rights ? the receipt of a written request for the investigation of rights ? the receipt of a written request for Nonindicted Co. 1 Co., Ltd. ? the delivery of a report on the investigation of rights and the investigation of rights ? the results of the investigation of the moving generation of Nonindicted Co. 1 Co. 1 Co., Ltd. ? the examination and decision on whether to accept the insurance contract ? the receipt of the registration of Nonindicted Co. 1 Co

(2) Terms and conditions of business consultation.

○ The report on the investigation of the rights of Nonindicted Co. 1 shall read the registry of the address on the written request for metameras, enter the details thereof in the consultative report form, and send within 10 minutes of the receipt of the written request for metameras.

○ In the report on the examination of rights, the column for the examination of the right shall be written as follows, and if there is a notice of the change in the request in the Amera, Nonindicted Co. 1 shall immediately reflect it:

- 공소외 1 주식회사의 전입세대조사가 완료된 경우(퍼스트 아메리칸은 바로 심사가능함) ⇒ “가능”에 체크

- 공소외 1 주식회사의 전입세대조사가 진행중에 있는 경우(퍼스트 아메리칸은 전입세대조사보고 수령 후에 심사 가능함) ⇒ “조건부가능”에 체크

- 퍼스트 아메리칸 의뢰서상의 주소에 해당하는 등기부가 존재하지 않거나 열람이 불가능한 경우 ⇒ “불가능”에 체크

○ The survey of the moving-in household shall be conducted by investigating the name of the moving-in household and the date of transfer of the details of inspection by address, and shall be completed by the date preceding the date of the loan

On December 9, 2005, after the above business consultation, Nonindicted Co. 1 prepared a report as stated in Paragraph (b) of Article 1 of the facts charged and received 36,135 won in consideration of the said report, etc. from the conclusion of the above agreement to the end of the end of the end of 2005, Nonindicted Co. 1 received KRW 2,066,48,380 in consideration of the following: (a) Nonindicted Co. 1 received KRW 57,188 in return. However, at the stage of preparing the report as above, Nonindicted Co. 1 Co. 1 completed a transfer household investigation; and (b) it is difficult to suggest that there is no registry or it is impossible to peruse the report, Nonindicted Co. 1 Co. 1 Co. 57,188 reports prepared by Non-Indicted Co. 1 Co. s. s. 37,18

B. On March 7, 2005, Nonindicted Co. 1 entered into a contract with NHN regarding the establishment of NH real estate §-a-a-law partnership with the content that Nonindicted Co. 1 provided the rights investigation service to NHN’s NH’s NH operation (www.naver.com), and NHN paid fees to NHN.

On February 21, 2005, prior to the conclusion of the above contract, Nonindicted Co. 1 meetings relating to NHN and NV computer development, and the main contents of the meetings are as follows.

(1) Water works parts.

-the location of the subject real estate

- A summary of the registry: a statement of a transfer to fit for the report form on which the matters stated in the registry have been consulted.

- Safety upper, middle, and lower level: Safety consultation on the basis of general transaction practices and customer preference limits for the enhancement of customer capacity and interest of registered parcels;

According to the results of the confirmation of the contents of the registration in the ticket safety register contained in the main text, if only there is a transactional practice and customer preference, the customer preference is low if only there is a right to collateral security, a right to lease on a deposit basis, or a right to lease on a deposit basis with the higher customer preference.

Nonindicted Co. 1: (a) around September 2 of the same year: (b) around September 2, 2005, Nonindicted Co. 1: (c) prepared a right investigation report on the same content as that set forth in paragraph (c) of Article 1 of the facts charged; (b) acquired KRW 3,795 in return, etc.; and (c) investigated the rights of KRW 7,906 from the conclusion of the above contract until the end of the end of 2005; and (d)

3. Determination

The duty of an attorney-at-law is to conduct legal affairs widely with the mission of protecting fundamental human rights and realizing social justice. Thus, the Attorney-at-law Act takes all measures such as strictly restricting the qualification of an attorney-at-law and allowing a person without such qualification to follow the regulations necessary for the good faith and proper performance of duties. It is understood that Article 109 subparagraph 1 of the Attorney-at-law Act prohibits the handling of legal affairs by a non-legal practitioner in that it might harm the interests of the parties or other interested persons, interfere with the fairness and smooth operation of legal life, and disrupt the legal order if a person without any qualification neglects to intervene in other person's legal cases in order to obtain money, valuables

In full view of the legislative purport and the fact that Article 3 of the same Act provides for general legal affairs as the duties of attorney-at-law, "other general legal cases" listed in Article 109 subparagraph 1 of the same Act refers to cases where there is a dispute or doubt as to legal rights and duties, or where new rights and duties relations arise (see Supreme Court Decision 96Do2340 delivered on August 21, 1998), and "other legal affairs" referred to in the same Article refers to the treatment of matters that generate, alter, or extinguish legal effects and the treatment of matters that preserve or clarify legal effects.

Therefore, the so-called legal analysis work of analyzing the acquisition, alteration or collision of the rights corresponding to the legal effect of the rights registered in the register of real estate rights or the register of real estate register shall be clearly constituted legal affairs under Article 109 subparagraph 1 of the Attorney-at-Law Act. However, the act of inspecting the register of real estate to confirm and investigate whether the right to collateral security, lease, lease, provisional seizure, provisional disposition, etc. has been established on the register or to enter the contents thereof in documents such as a report is not included in judgment on the legal effect of collateral security, right to collateral security, right to lease on a deposit basis, etc. or the relation between the rights, but no one shall be deemed to be an act of handling legal affairs under Article 109 subparagraph 1 of the Attorney-at-law Act because it is merely a sort of factual act that can be perused.

In the instant case, the report on the preparation of Nonindicted Co. 1 and the written report of Nonindicted Co. 1 are merely a mere fact that Nonindicted Co. 1 did not present its own judgment or opinion after viewing the copy of the real estate register and then moved without changing the contents of the register. Among this, the phrase, “conditional possible” of the report submitted in the Sastmeral column is likely to give any legal significance to all reports without any special meaning. Among the reports submitted to NHN, the phrase, “as indicated in any report,” “as indicated in any specific meaning,” “as indicated in any column of investigation stability,” “serious,” “n,” and “n,” and “as indicated in any prior consultation with NHN, grades are granted merely on the basis of the burden on the register. As such, it cannot be seen that the preparation of these reports does not constitute “legal affairs” under Article 109 subparag. 1 of the Attorney-at-Law Act.

Thus, the above facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the

Of the facts charged in this case, the charge of violating the Certified Judicial Scriveners Act was found guilty, but not guilty was sentenced to the violation of the Attorney-at-Law Act, and even though the certified judicial scrivener's duties are indicated in the certified judicial scrivener's register, it does not actually deal with the affairs belonging to the certified judicial scrivener's duties, and immediately deleted such

Justices Park Sung-won (Presiding Judge)