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(영문) 서울행정법원 2019.04.05 2018구합54743
이의신청기각결정 취소청구
Text

1. On December 22, 2017, the Defendant’s decision to dismiss an objection filed against the Plaintiff on December 22, 2017 (No. 79) and the original decision (No. 2016).

Reasons

1. Details of the disposition;

A. The plaintiff, including the plaintiff's status, passed the 21st judicial examination on June 19, 1979, and completed the Judicial Research and Training Institute on August 31, 1982 as 12, and thereafter registered as an attorney-at-law belonging to B organization on September 14, 1982, and currently, as a representative of C law firm, is performing the duties of attorney-at-law.

B. Progress 1D of the litigation in the related cases, which is the premise for the instant disposition,

6. 25. At the time of the Korean War, he/she was married with his/her spouse E and was living in Fririth without his/her child (the report of marriage on February 5, 1949), but was killed by the police in the G Grist’s case around July 1950.

E has re-born and generated children including H, and E has died on July 11, 2016, and due to the death of E, H has renounced inheritance and became the only heir of H by giving up inheritance.

2) The former Review Committee confirmed the fact that the deceased was sacratized through the investigation on the case of the Gmorgical Association. While there was no request for ascertaining the truth against the deceased, the former Review Committee, ex officio on September 15, 2009, confirmed the deceased as a victim. 3) On May 2012, C, a law firm represented by the Plaintiff, sent a notice on the claim for damages against the Republic of Korea via I of this Chapter to E, around May 2012.

Upon the notice, C explained to E that “A law firm shall settle the litigation costs in lieu of and after payment by the law firm C, and the attorney’s fees shall be 30% of the winning amount. The above-mentioned delegation contract shall be prepared and sent together with required documents (resident registration card, family registry copy, network D’s transcript, family relation certificate).”

E sent the case delegation contract and required documents to Law Firm C on July 19, 2012 and received them by Law Firm C around that time.

4) The Plaintiff, an attorney, as the Plaintiff’s legal representative, is the Plaintiff’s legal representative, and the Plaintiff filed a claim for damages against the deceased D’s death (Seoul Central District Court) with the Defendant on October 25, 2012.

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