In a case where a party who has taken an oath makes a false statement, whether the other party has the right to apply for a judgment of an administrative fine (negative)

If the other party requests a court to impose a fine for negligence on the grounds that the party who taken an oath made a false statement, the other party is at the discretion of the court to decide whether to impose a fine for negligence, and the other party has no right to request a trial on the fine for negligence in addition to the request for the ex officio action by the court.

Article 342 of the Civil Procedure Act, Article 248 of the Non-Contentious Case Litigation Procedure Act

Supreme Court Order 77Ma228 dated August 24, 197 (Gong1977, 10270) Supreme Court Order 94Ma1415 dated July 21, 1995 (Gong1995Ha, 999)

Re-appellant

Gwangju High Court Order 91Na5036 dated January 13, 1998

The reappeal is dismissed.

According to the records of this case, the re-appellant filed an application for a fine for negligence to the court of the lawsuit on the ground that he made a false statement by the oath party, and the court of the lawsuit is entrusted to the court's discretion whether he is subject to a fine for negligence, and the other party has no right to apply for a trial on a fine for negligence in addition to the court's urge for an ex officio action by the court, and even if the right to apply for a fine for negligence is recognized, it can be seen that it is dismissed

The judgment of the court below is just and there is no violation of the Constitution or law, and thus the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-sik (Presiding Justice)