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(영문) 서울고등법원 2019.04.02 2018누50224
휴업급여일부부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Article 11 of the Act on the Use, etc. of Electronic Documents in Civil Litigation, Etc. (hereinafter “Civil Document Act”) provides that where there is a legal representative, electronic service or notification shall be made to the legal representative (Paragraph 2). The electronic service shall be made by means of registering the electronic documents to be served by a junior administrative officer, etc. in an electronic data processing system and electronically notifying the person to be served with the electronic documents (Paragraph 3). In such cases, it shall be deemed to have been served at the time of confirmation of the electronic documents recorded by the person to be served: Provided, That where the confirmation is not made within one week from the date of notification of the registration, it shall be deemed to have been served on the date of the notification of the registration (Paragraph

According to the records of this case, the judgment of the court of first instance was rendered on March 16, 2018 and the original copy of the judgment was recorded in the electronic data processing system, and on March 19, 2018, the original copy of the judgment was notified to the personal e-mail account of the attorney-at-law in charge of the law firm B, who was entrusted with the plaintiff's agent of the first instance court, on March 19, 2018. However, the above C was indicted as a violation of the Attorney-at-Law Act while the lawsuit of this case was pending in the court of first instance, and was sentenced to a conviction of eight months in imprisonment with labor at the Seoul Central District Court (2017Da3444) and two years in suspended sentence on December 21, 2017 (Seoul High Court 2017No2832) and confirmed the facts that the plaintiff was disqualified on March 6, 2018 after obtaining the decision of dismissal of the appeal of this case from the attorney on May 218, 2018.

According to the above facts, C's personal e-mail, which was involved in the registration of the original copy of the judgment of the court of first instance as the plaintiff's attorney.

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