Scope of investigation by the appellate court

The scope of investigation by the appellate court is not limited by the grounds for appeal, and so the appellate court shall ex officio investigate and determine whether the materials recorded in the records are true in order to clarify the propriety of the decision by the first instance court which is the object of appeal, regardless of any assertion in the grounds for appeal.

Article 416 of the Civil Procedure Act

Korea Biosa Stock Company

Seoul Civil District Court Order 82Ra32 dated June 7, 1982

The original decision shall be reversed, and the case shall be remanded to the Panel Division of the Seoul Civil Procedure District Court.

According to the reasoning of the decision of the court below and the court of first instance, the first instance rejected the appeal on the ground that the re-appellant, who is an exporter or importer, received an import license of the content as raw materials for export, and then did not perform the corresponding export as an act of foreign exchange earnings corresponding to the import until November 9, 1978, on the ground that there was a violation of the Trade Act by failing to perform it. The court below rejected the appeal on the ground that the re-appellant's appeal against the above decision did not state specific grounds for appeal, and that the amount of the fine for negligence for the first instance is not much excessive.

However, since the scope of investigation by the appellate court is not limited by the grounds for appeal, the appellate court shall examine and determine whether the decision of the first instance court, which was the object of appeal, is justifiable, regardless of the assertion of the grounds for appeal. Examining the contents written in the letter of confirmation on the raw materials for export in the name of the president of the Korean Commercial Bank, which was submitted to the court of first instance, along with the written request for the disposition of a fine for negligence in the name of the Minister of Trade, Industry and Energy, which appears to be the grounds for fact-finding, it is clear that the second instance court stated that the second instance was fully implemented before November 9, 1978, which recognized the export corresponding to the imported goods recognized by the first instance court as the corresponding export time limit. Meanwhile, according to Article 11 of the Non-Contentious Case Litigation Procedure Act, the court shall ex officio detect the facts and investigate the necessary evidence, so even if the court below did not have asserted as the grounds for appeal, it should investigate ex officio whether the contents stated in the above post-management certificate

Therefore, the order of the court below is reversed and the case is remanded to the court below. 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.

Justices Yoon Il-young (Presiding Justice)