The judgment of the court below is reversed, and the case is remanded to the Seoul Northern District Court Panel Division.

The grounds of appeal are examined.

1. With respect to a case that does not fall under death penalty or imprisonment with or without prison labor for an indefinite term or for a long term of more than ten years, special cases concerning the trial proceedings in the first instance are allowed pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings (hereinafter referred to as "special provisions in this case"), and where the whereabouts of the defendant cannot be confirmed even after six months have passed since a report on the failure to serve on the defendant was received, a trial may be conducted without a statement

However, in case where a defendant who was convicted pursuant to the special provisions of this case, was unable to attend the trial due to a cause for which the judgment becomes final and conclusive, he may request a retrial to the court of first instance within 14 days from the date on which he became aware of the fact that the judgment was rendered pursuant to Article 23-2 (1) of the above Act (hereinafter “the provisions of this case”), and if he could not request a retrial for the said period due to a cause not attributable to him, he may request a retrial to the court of first instance within 14 days from the date on which such cause ceases

According to the special provisions of this case and the language, text, and legislative intent of the provision of this case, even in a case where the court of first instance appealed only to the court of first instance, which was proceeded with pursuant to the special provisions of this case, and the appellate court also proceeded with the court of appeal, and the judgment of conviction becomes final and conclusive by destroying the judgment of first instance and rendering a new conviction, the defendant, who was unable to attend the trial of the court of first instance and the appellate court without any cause attributable to this case, may request a retrial of the conviction to the appellate court within the period prescribed by the provision

(see, e.g., Supreme Court Decision 2016Do19822, Feb. 3, 2017). In such a case, the defendant is entitled to recover his/her right to appeal without filing a petition for retrial.