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(영문) 서울고등법원 2020.12.17 2020누30124
징계처분취소
Text

The judgment of the first instance shall be revoked.

The Defendant’s reprimand disposition against the Plaintiffs on February 14, 2019 shall be revoked.

Reasons

1. The grounds for the court’s explanation as to this part are the same as the pertinent part of the grounds for the judgment of the court of first instance (see, e.g., Articles 8(2) and 420 of the Administrative Litigation Act), and the main text of Article 420 of the Civil Procedure Act.

C. Since each of the dispositions of this case is premised on the fact that the plaintiffs violated Article 4 of the guidelines of this case, we first examine the plaintiffs' first assertion, that is, whether the illegality of Article 4 of the guidelines of this case is valid (effective).

Article 4 of the Guidelines of this case imposes an obligation on a notary public to refuse a commission in the form of administrative rules in cases of claims and obligations arising from a monetary loan agreement of a "credit service provider, etc." with respect to a commission in the form of a two-way agency which is permitted by law, and thus, is null and void in violation of the principle

(Supreme Court Decision 2020Du42262 Decided November 26, 2020). The specific reasons are as follows.

(1) In the event a notary public entrusts the preparation of a notarial deed stating the acceptance of compulsory execution in respect of a claim for the delivery or return of real estate, vessels, construction machinery, automobiles, aircraft, etc. registered pursuant to the relevant Acts and subordinate statutes (hereinafter referred to as the “notarial deed”), either party shall not act on behalf of the other party or act on behalf of the other party (Article 56-3), and when a notary public entrusts the preparation of other notarial deeds, either party shall be allowed to act on behalf of the other party (Article 56-3) and any other notarial deed.

However, if a notary public prepares a notarial deed by commission of an agent, he/she shall require the notary public to submit a resident registration certificate or a certificate issued by a competent administrative agency with a photograph attached thereto.

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