Non-contentious case as provided for in the Regulation of Administrative Affairs Act refers to the civil or non-contentious case as provided for in the Procedure of Non-Contentious Cases Act, and all non-contentious case belonging to the authority of the court other than the above.

The non-contentious cases as provided in the Regulation of Administrative Affairs Act refers to all non-contentious cases such as civil non-contentious cases as provided in the Non-Contentious Case Litigation Procedure Act, auction cases belonging to the jurisdiction of the court, and real estate registration cases.

Article 1 subparag. 1 of the Control of Administrative Affairs Act

Defendant

Prosecutor

Seoul Criminal District Court Decision 70No2561 delivered on November 26, 1970, the Seoul Criminal District Court Decision 70No2561 delivered on November 26, 1970

The original judgment shall be reversed, and the case shall be remanded to the Panel Division of the Seoul Criminal Court.

Judgment on the grounds of appeal as to the primary facts of prosecution by the prosecutor;

The term "non-contentious case" under the Act on the Control of Administrative Affairs of Non-Contentious Cases is reasonable to refer to all non-contentious cases such as civil non-contentious cases, commercial non-contentious cases and other auction cases belonging to the court's authority, real estate registration cases, family register cases, etc. which are provided for in the Act on the Procedure of Non-Contentious Cases. However, the court below judged that the act of acting for the inheritance registration procedure does not constitute a non-contentious case under Article 1 subparagraph 1 of the Act on the Control of Administrative Affairs of the Act, which is to be processed pursuant to the Act on the Procedure of Non-Contentious Cases, i.e., civil non-contentious cases, commercial non-contentious cases under Article 183 (2) of the Registration of Real Estate Act, and the appeal cases under Article 128 of the Family Register Act.

However, if a person who is not an attorney-at-law promises to receive money and conducts the inheritance registration procedure by giving the registration of inheritance, the above agency act shall be deemed to fall under the non-contentious case under Article 1 subparagraph 1 of the Act on the Control of Administrative Affairs, as shown above, and the court below held that the act of acting for the inheritance registration procedure is not a non-contentious case under Article 1 subparagraph 1 of the Act on the Control of Administrative Affairs, and thus, it is erroneous in the misunderstanding of the Act on the Control of Administrative Affairs, which affected the conclusion of the judgment, and therefore, it shall not be reversed without examining the remainder of the grounds for discussing this point.

Therefore, the original judgment is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)