The effect of the disposition of reversion to the National Treasury in respect of seized articles for which the suspect has refused to waive ownership while the prosecutor suspended indictment on the suspected facts;

Where a suspect who has been investigated under the suspicion of violation of the Ginseng Business Act has clearly refused the waiver of ownership of a ginseng seized several times by an investigative agency, but the prosecutor suspended the prosecution on the above suspected facts, and where the above seizure was reverted to the National Treasury, the above reversion disposition to the National Treasury is an illegal disposition without any legal basis, and its defect is grave and obvious, and thus null and void.

Article 1 of the Administrative Litigation Act

Korean Pharmacopoeia Export and Import Association (Attorney Jeong Jae-sik, Counsel for defendant-appellee)

Korea

Seoul High Court Decision 85Na2573 delivered on December 17, 1985

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal by Defendant Litigation Performers.

According to the legal reasoning of the court below, on October 17, 1984, when importing three-dimensionals of ginseng subject to the Ginseng Business Act, the Seoul branch office of the Seoul branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the case.

In the same way, if there are circumstances, the disposition of reversion to the National Treasury against the present situation of the public prosecutor is an illegal disposition that does not have any basis under the law and thus, it should be deemed null and void as the defect is grave and obvious.

The judgment of the court below to the same purport is just, and there is no error of law such as the theory of lawsuit.

We cannot accept the conclusion of the judgment of the court below in another opinion.

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

Justices Choi Jae-ho (Presiding Justice)