1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Whether a subsequent appeal is lawful;

A. Article 182 of the Civil Procedure Act provides that “a service on a person arrested, detained, or detained in a prison, detention house, or a national police station’s detention room shall be effected by the head of a prison, detention house, or a national police station.” Here, “the warden of a prison, etc.” is a kind of legal representative in the service of the

(See Supreme Court Decision 2002Da6009 delivered on March 11, 2003, etc.) In relation to supplementary service, Article 186(1) of the same Act provides, “If a person to receive service other than his/her work place is not present at the place of service, documents may be delivered to his/her office worker, employee, or person living together with the mental capability to make reasonable judgment,” while Article 186(2) of the same Act provides, “if a person to receive service is not present at the work place, documents may be delivered to him/her unless he/she refuses the receipt of documents by his/her employee, or his/her legal representative or employee.”

Meanwhile, “A cause for which a party is not liable” under Article 173(1) of the same Act refers to a cause for which the party could not observe the period even though the party had exercised generally due diligence for conducting litigation. In a case where the documents of lawsuit cannot be served in a usual way during the process of litigation and served by public notice, it is different from the case where the documents of lawsuit were served by public notice from the first delivery of a copy of a complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period, it cannot be said that the party’s failure to comply with the peremptory period