1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments, and therefore, it is consistent with the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts to the effect that the defendant's procedural acts in the first instance court and the first instance court are invalid, since it is inappropriate for the defendant to have his employees conduct procedural acts in this case, which is a lawsuit to which the State is the defendant as a party.

The Act on Litigation to Which the State is a Party (hereinafter “State Litigation Act”) provides that the State shall represent the State in the state litigation, that is, the Minister of Justice in the state litigation (Article 2); the Minister of Justice shall designate a public prosecutor or a public-service advocate in the public prosecutor’s office of various levels; and the Minister of Justice shall, if deemed necessary in the state litigation with respect to the affairs under his jurisdiction or the supervision of the administrative agency, allow the public prosecutor or a public-service advocate to perform the state litigation (Article 3(1)); and the Minister of Justice shall hear the opinion of the head of the administrative agency concerned and then designate an employee of the administrative agency and have him perform the state litigation (Article 3(2)); and the Enforcement Decree of the State Litigation Act delegates the authority under Article 3 of the State Litigation Act with respect to the state litigation cases where the public prosecutor is continuing in the high court that has the jurisdiction of the public prosecutor’s office, or where the State litigation is instituted, the public prosecutor or a public-service advocate shall be designated as the litigation performer after hearing the opinion of the head of the administrative agency concerned.