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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. The reasoning of the judgment by the court on this part is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. Article 161 of the Civil Act provides that, if the last day of the period falls on Saturdays or legal holidays, the period shall expire on the following day. The defendant designated and notified the expiration date of the period for application for parcelling-out as of November 4, 2017, but since November 4, 2017 is Saturday, the expiration date of the period for application for parcelling-out shall be deemed to be November 6, 2017, which is the first day of the following week. Article 161 of the Civil Act provides that the last day of the period for application for parcelling-out shall be to prevent disadvantages that may arise on Saturdays or legal holidays, unless there is an agreement between the parties, the application of the above provision shall not be excluded by the defendant’s unilateral notification or public announcement. 2) The plaintiff returned to Seoul ASEAN Hospital for 16 days from October 24, 2017 to October 28, 2017 and 16 days from the expiration date of the period for application for parcelling-out under the Civil Act.
The plaintiff is unable to apply for parcelling-out until November 4, 2017 due to such inevitable circumstances, so the period for application for parcelling-out shall be deemed to have expired.
3) Therefore, the instant disposition that did not accept the Plaintiff’s application for parcelling-out on the grounds that the period for application for parcelling-out has expired is unlawful. (B) Article 159 of the Civil Act provides that “When the period is determined by day, week, month or year, the period shall expire on the expiration of the last day of the period” (see, e.g., Supreme Court Decision 1).
However, if the last day of a period falls on a Saturday or a holiday, there is room for disadvantage in exercising the rights and performing the obligations, so Article 161 of the same Act as an exception.