Main Issues
Whether the judgment authority of the family court has exclusive jurisdiction or authorization
Summary of Judgment
The judgment authority of the family court provided for in Article 2 of the Family Trial Act is not exclusive jurisdiction.
[Reference Provisions]
Article 2 of the Family Inquiry Act
Reference Cases
Supreme Court Decision 65Meu44 Decided December 21, 1965
Plaintiff (Counterclaim Defendant), Appellee
Plaintiff (Counterclaim Defendant)
Defendant (Counterclaim Plaintiff)-Appellant
Defendant (Counterclaim Plaintiff)
Defendant-Appellant
Defendant (Attorney Shin Jae-soo, Counsel for defendant-appellant)
original decision
Gwangju District Court Decision 78Na150,151 delivered on February 22, 199
Text
All appeals are dismissed.
Costs of lawsuit incurred by each final appeal shall be borne by each appellant.
Reasons
The defendants' attorney's grounds of appeal are examined.
The court below's decision that recognized the facts based on the evidence stated in the judgment below is justified, and it is difficult to employ one point as it is difficult to find out any illegal cause in the incomplete hearing or documentary evidence, and since the judgment authority of the family court provided for in Article 2 of the Family Trial Act is not exclusive jurisdiction, the court below's decision to the same purport as the parties did not assert the violation of jurisdiction of the court of the first instance is correct, and it is difficult to employ the two points as the grounds for appeal (second point) are
All arguments are without merit, and are so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)