Whether Article 20(8) of the Social Protection Act shall apply to the case where the defendant and the respondent filed an appeal against the part concerning the custody case at the same time or thereafter (negative)

Article 20(8) of the Social Protection Act provides that when a judgment on a defendant case is filed, the waiver or withdrawal of an appeal is deemed to have been filed or withdrawn, the judgment on a custody case shall also be deemed to have been filed or withdrawn. Thus, even though the above provision is provided to ensure that the defendant's case and a custody case are terminated simultaneously, the above provision shall not apply to the case where the defendant and the respondent for protective custody file an appeal against the part concerning custody case in the judgment on the defendant's case and the custody case, and the above provision shall also apply to the case where the defendant and the requester for protective custody waives an appeal against the part concerning the defendant's case at the same time or thereafter. In light of the above, the above provision

Article 20 (8) of the Social Protection Act

Re-Appellants, Appellants

Busan High Court Order 98No11 dated April 15, 1998

The order of the court below is reversed, and the case is remanded to Busan High Court.

The grounds of reappeal are examined.

On February 17, 1988, the court below acknowledged that the re-appellant filed a petition of appeal to the court of appeal to waive the right to appeal to the judgment of the defendant case, while filing a petition of appeal to the court of appeal to the defendant case on the same day after he was sentenced to the Busan District Court case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the same court case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) against the re-appellant and the defendant of the same court case of protective custody claim of 97MoMa41, Feb. 17, 1988."

However, Article 20(8) of the Social Protection Act provides that when an appeal, waiver or withdrawal of a judgment on a defendant's case is made, a custody case's appeal, or waiver or withdrawal of an appeal is deemed to have been made. Although the above provision is provided for the concurrent termination of a custody case with the defendant's case, even if the defendant and the defendant have filed an appeal on the part concerning custody case in the judgment on the defendant's case and the custody case, if the above provision applies to the case where the defendant and the defendant have renounced an appeal on the part concerning the defendant's case at the same time or thereafter, the above provision is likely to seriously harm the interests of the defendant and the requester for the custody, and is against the defendant's clear intent, it shall be interpreted that the above provision is not applicable.

In this case, even according to the above facts duly admitted by the court below, the re-appellant submitted a petition of appeal to the effect that the re-appellant is dissatisfied with the case of custody claim, and at the same time submitted a written waiver of appeal to waive the right to appeal against the judgment of the defendant case. Thus, Article 20 (8) of the Social Protection Act cannot be applied.

Therefore, the order of the court below to the different purport is erroneous in the misapprehension of legal principles as to Article 20 (8) of the Social Protection Act.

The reappeal pointing this out is justified.

Therefore, the order of the court below shall be reversed, and the case shall be remanded to the court below. It is so decided as per Disposition by the assent of all Justices

Justices Seo Sung-sung (Presiding Justice)