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(영문) 서울고등법원 2016.09.29 2016누45792
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

2. Among the costs of lawsuit, any part arising from the intervention.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status and the general status of the Plaintiff is an organization established for the purpose of promoting mutual common interests, such as protecting the rights and interests of certified judicial scriveners and promoting their welfare, and constitutes an enterprisers’ organization under Article 2 subparag. 4 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

The general status of the plaintiff is as follows.

Plaintiff’s general status (based on May 3, 2016, units: name, and unit) membership fees for the monthly membership fee for the year 2016 (based on September 365, 1983, 365,500 9568,321) for the members of the business entities’ organization established under the name of the business entities’ organization.

B. A certified judicial scrivener is a certified judicial scrivener who has passed an examination conducted by the Chief Justice of the Supreme Court under the Certified Judicial Scriveners Act (amended by Act No. 13953, Feb. 3, 2016; hereinafter “Certified Judicial Scriveners Act”), and has acquired the qualification of a certified judicial scrivener, and is delegated by another person, to prepare, apply for, and submit documents submitted by the court, the prosecutor’s office, etc., or to file applications for registration or deposit cases.

B) If a certified judicial scrivener intends to perform his/her duties, he/she shall register with the Korean Certified Judicial Scriveners Association after completing the training and education prescribed by the Supreme Court Regulations, and shall join the Korean Certified Judicial Scriveners Association established under the jurisdiction of the district court having jurisdiction over the seat of the certified judicial scrivener office. 2) On November 2015, 2015, the current status of the certified judicial scrivener is 6,508 persons who are registered with the Korean Certified Judicial Scriveners Association, and 365 certified judicial scriveners are working in Gyeongnam area, and

In relation to the fees received by a certified judicial scrivener from a mandator, the Korean Certified Judicial Scriveners Association Act provides that the remuneration standard shall be prescribed by the rules of the Korean Certified Judicial Scriveners Association, and the remuneration standard shall be set by the certified judicial scrivener.

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