If a request for a final appeal is dismissed on the ground that it does not constitute a ground for filing a request for final appeal (affirmative)

Since an application for a final appeal under Article 12(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is permitted only for cases including important matters concerning the interpretation of statutes, the reason that the witness's testimony is false shall not be a legitimate ground for an application for a final appeal. Thus, the proviso of Article 422(1) of the Civil Procedure Act limits a request for a final appeal in cases where the appellant alleged or did not assert it with knowledge of the grounds falling under the grounds for final appeal, so the request for a final appeal shall not be rejected by applying the above

Article 12(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, Article 422(1) of the Civil Procedure Act

[Judgment of the court below]

Defendant (Re-Defendant) (Law Firm Woo, Attorney Park Woo-soo, Counsel for the defendant-appellant)

Seoul High Court Decision 87Rena26 delivered on March 15, 1988

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal by the plaintiff (the plaintiff, hereinafter the plaintiff's attorney) are examined.

1. According to the reasoning of the judgment below, although the witness’s testimony employed by the plaintiff in the judgment subject to retrial became final and conclusive by making a false statement, the court below rejected the application for a final appeal even if the plaintiff had already asserted the above grounds in the grounds for the application for a final appeal, and became final and conclusive as the plaintiff’s failure. Thus, the above grounds for a final appeal by the plaintiff cannot be asserted as grounds for a final and conclusive judgment on the ground that the party’s ground for final appeal under the proviso of Article 422(1) of the Civil Procedure Act constituted

2. However, an application for a final appeal under Article 12(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is permitted only for cases including important matters concerning the interpretation of statutes. As such, the ground for a witness’s false statement, like the grounds for a final appeal, cannot be a legitimate ground for a final appeal. As such, the proviso of Article 422(1) of the Civil Procedure Act intends to restrict a request for a final appeal in cases where a party to an appeal claims or fails to assert it with knowledge of the grounds falling under the grounds for a final appeal. Thus, in cases where the final appeal is dismissed on the ground that it does not constitute

In conclusion, the judgment of the court below is justified, since the legal principles of the permission system for appeal and the legal interpretation of the proviso of Article 422(1) of the Civil Procedure Act are reversed, which affected the conclusion of judgment

3. Therefore, we reverse and remand the judgment of the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)