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Main Issues
Whether an application for an appeal is applied to an administrative litigation case (negative)
Summary of Judgment
An application for an appeal filed under Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and administrative litigation cases shall not be applied.
[Reference Provisions]
Article 12 of the Act on Special Cases concerning Expedition etc. of Legal Proceedings
Reference Cases
Supreme Court Order 81 Dated January 26, 1982
New Secretary-General
Head of Dong Daegu Tax Office
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Other Party
Judgment of the lower court
Daegu High Court Decision 80Gu200 delivered on February 10, 1981
Text
The appeal shall be dismissed.
Reasons
The application for an appeal filed under Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and it is obvious that the application of this case is not applicable to administrative litigation cases in light of Article 2 of the same Act
Therefore, this case's application for appeal is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Chang-chul (Presiding Justice)