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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Daejeon District Court Panel Division.
Reasons
1. Where there is no precedent of the Supreme Court on the interpretation of statutes applicable to a small case in a specific case, there is a case where a number of small claims, the issue of which is the interpretation of the same statutes, are pending in the lower court, and there is a case where the Supreme Court concludes the case without making a decision on the interpretation of the statutes, on the ground that it is a small amount case, it would be likely that the legal safety of people's lives would be harmed if the case is terminated without making a decision on the interpretation of the statutes. In such special circumstances, even if the Supreme Court did not meet the requirement of "when it makes a decision contrary to the precedents of the Supreme Court," which can be viewed as the ground for appeal, even if it does not meet the requirement of "when it makes a decision contrary
(2) In light of the above legal principles, the first instance court’s judgment is justifiable, and the second instance court’s judgment is justifiable. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench’s assent of all participating Justices on the bench’s assent of all participating Justices.
2. As to the ground of appeal No. 1, this part of the ground of appeal is merely an error of the selection of evidence or fact-finding, which belongs to the lower court’s exclusive jurisdiction, and it cannot be a legitimate ground of appeal. Furthermore, in light of the records, the lower court’s judgment did not err by misapprehending the logical and empirical rules or by failing to exhaust
3. Regarding ground of appeal No. 2
(a) part of the exercise of the emergency power by the President;