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(영문) 대법원 1990. 3. 27. 선고 89누6013 판결
[유족급여등재결처분취소][공1990.5.15.(872),978]
Main Issues

The delivery and receipt ability of the students of the third year of national school who were nine years of age and seven months of age;

Summary of Judgment

If the written ruling of the Industrial Accident Compensation Review Committee on the plaintiff's request for retrial was served on the plaintiff's father, who was a student of the third grade of the national school, as the 9 years of age and 7 months of age, the above written ruling shall be served on the plaintiff on the same day. Therefore, it shall be deemed that the written ruling was served on the plaintiff on the same day.

[Reference Provisions]

Article 172 of the Civil Procedure Act

Plaintiff-Appellant

Dried clothes

Defendant-Appellee

The Head of Seoul Regional Labor Administration

Judgment of the lower court

Seoul High Court Decision 88Gu9895 delivered on July 20, 1989

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

We examine the Plaintiff’s ground of appeal.

According to the facts duly established by the court below, the written ruling of the Industrial Accident Compensation Review Committee for the plaintiff's request for review by the Ministry of Labor was served on July 15, 198 on the plaintiff's his/her mother on July 15, 1988, and the non-party class 3 student of the national school of the age of 9 and 7 months at the time as he/she was born on November 19, 1978. Thus, the written ruling of the Industrial Accident Compensation Review Committee for the plaintiff's request for review was served on the plaintiff on July 15, 198, and the non-party class 9 and 7 years of age was the third grade student of the national school. Thus, the written ruling was served on the plaintiff on July 15, 198.

The court below's decision to the same purport and dismissed the lawsuit of this case which was brought on September 23, 198 as of Sep. 23, 198, with the lapse of the 60-day period for filing the lawsuit as stipulated in Article 20 (1) of the Administrative Litigation Act, is justified and there is no error of law of incomplete deliberation

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice) Lee Chang-won

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심급 사건
-서울고등법원 1989.7.20.선고 88구9895