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(영문) 대법원 1970. 2. 28.자 70그1 결정
[해난심판개시결정의이의신청기각결정에대한특별항고][집18(1)행,043]
Main Issues

The decision of the Central Maritime Accident Adjudication Committee which dismissed an objection against the decision of commencing a regional marine accident trial by the Local Maritime Accident Adjudication Committee is not a decision that can make a special appeal under Article 420 of the Civil Procedure Act.

Summary of Decision

The decision of the Central Maritime Accident Adjudication Committee which dismissed an objection against the local marine accident trial decision of the Local Maritime Accident Adjudication Committee is not a decision that can make a special appeal as prescribed in this Article.

[Reference Provisions]

Article 420 of the Civil Procedure Act, Article 75 of the Marine Accidents Inquiry Act

Special Appellants

Special Appellants

United States of America

The Central Maritime Accidents Adjudication Committee (Law No. 69Ka6776 delivered on December 15, 1969)

Text

The special appeal shall be dismissed.

Reasons

The grounds of special appeal are examined.

However, the decision of the Central Maritime Accident Adjudication Committee which dismissed a special appellant's objection against the decision to commence the marine accident adjudication of the Local Maritime Accident Adjudication Committee can be contested when the lawsuit against the ruling of the Central Maritime Accident Adjudication Committee is pending before the Supreme Court. Therefore, this decision cannot be said to be a decision that cannot file an objection as referred to in Article 420 of the Civil Procedure Act, and the special appeal against this decision shall not be permitted. Therefore, it shall be dismissed as it is so decided as per Disposition by the assent of all participating judges.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho

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