In a case where an appeal was filed only against the part concerning custody cases, whether the appellate court which found a defendant guilty may serve as the ground of appeal for a custody case on the ground that the defendant violated the rules of evidence (negative)

Where an appeal was filed only against the part concerning custody cases in the appellate judgment, the appellate court's conviction of a defendant against the defendant shall not serve as the ground of appeal for the custody cases on the ground that the rules of evidence

Article 20 of the Social Protection Act

Supreme Court Decision 86Do236 delivered on December 23, 1986 (Gong1987, 269) 87Do185 delivered on December 22, 1987 (Gong1988, 375) 91Do57 delivered on August 13, 1991 (Gong191, 2381)

Applicant for Custody

Applicant for Custody

Attorney Kim Young-chul

Seoul High Court Decision 92No113,92No10 delivered on May 1, 1992

The appeal is dismissed.

The grounds of appeal by the respondent and defense counsel are examined.

Where an applicant for detention has filed an appeal only against the part concerning custody cases in the appellate judgment, the appellate court's conviction of the accused case shall not be deemed the grounds for appeal for the custody case on the grounds that the rules of evidence have been violated.

In light of the records, the court below's finding that there is a risk of re-offending by the requester for re-offending based on the evidence is acceptable, and there is no error of law by misunderstanding legal principles or rules of evidence as pointed out.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)