Powers of Attorney on Withdrawal of Action

The consent of the attorney on the withdrawal of a lawsuit is not a matter of special authorization under Article 82(2) of the Civil Procedure Act, and it is reasonable to deem that the right of attorney on the withdrawal of a lawsuit is also included in the right of consent on the withdrawal of a lawsuit by the other party, even in cases where the right of attorney on the withdrawal of a lawsuit has been granted to the attorney, which is a special authorization. Therefore, the consent of the attorney on the withdrawal of a lawsuit by the

Articles 82(2) and 239 of the Civil Procedure Act

Claimant

appellees

Seoul High Court Decision 82Reu65 delivered on June 28, 1982

The appeal is dismissed.

The costs of appeal shall be borne by the respondent.

The grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below determined that the defendant's right of representation to conduct all procedural acts including compromise between judicial and extra-judicial acts, withdrawal of lawsuit, waiver of claim and recognition of claim, etc. when the defendant appoints the above attorney as the legal representative, and that the attorney's right of representation to withdraw the lawsuit of this case is not included in the special authorization under Article 82 (2) of the Civil Procedure Act, but it is reasonable to view that the attorney's right of attorney to withdraw the lawsuit of this case is not included in the other party's right of attorney to withdraw the lawsuit of this case as well as the above attorney's right of attorney to withdraw the lawsuit of this case which is bound by the records, since the defendant's attorney's withdrawal of the lawsuit of this case belongs to the plaintiff's right of withdrawal of the lawsuit of this case as well as the above legal representative's right of attorney's withdrawal of the lawsuit of this case. Thus, the judgment of the court below is justified in the misapprehension of legal principles as to the plaintiff's right of representation and the records.

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

Justices Lee Jong-soo (Presiding Justice)