The defendant's request for formal trial dated January 15, 2020 and January 23, 2020 are dismissed, respectively.

According to the records, in notifying the defendant of a summary order of Seoul East Eastern District Court 2019 Highly 9608, this court served a summary order of "Seoul building B and C" recorded as the defendant's residence, but when it was impossible to serve the defendant on November 18, 2019 due to the addressee's unknown whereabouts, the court ordered the defendant to serve the documents of lawsuit on November 27, 2019 and served by public notice on that date. On the other hand, the defendant submitted a duplicate application for formal trial on January 15, 2020 and January 23, 2020.

Fact that each formal trial has been requested may be recognized.

Even if the requirements for service by public notice are defective, such service shall be valid as long as the procedure is taken by court order.

Therefore, the period of the request for formal trial shall be calculated from that time after two weeks have elapsed from the date of service by public notice, and if the period of the request for formal trial has elapsed according to the method of calculating such period, the request for formal trial shall not be made separately, apart from the request for recovery of the right to request formal trial in accordance with Articles 458, 345, and 346 of the Criminal Procedure Act.

(See Supreme Court Order 85Mo6 Decided February 27, 1986, etc.). However, the Defendant only requested a formal trial without requesting the recovery of the right to request a formal trial on January 15, 2020 and January 23, 2020 after seven days from the expiration of the period from December 12, 2019 when the service by public notice on the summary order became effective. As such, it is obvious that the Defendant’s request for a formal trial is after the extinguishment of the right to request a formal trial, the Defendant makes a decision as ordered under Article 455(1) of the Criminal Procedure Act.

February 24, 2020