Whether the claim for formal trial against the summary order not accompanied by the request for formal trial is appropriate (negative)

In case of a request for the restoration of the right to request a formal trial against a summary order, a request for the restoration of the right to request a formal trial shall be made in writing within seven days from the day when the summary order is notified pursuant to Articles 458, 345, 346 (1) and (3) of the Criminal Procedure Act, and simultaneously, within the period of the request for a formal trial, within seven days from the day when the summary order is notified, and a request for a formal trial shall be made at the same time. Thus, if only the request for the restoration of the right to request a formal trial was made within the above seven days, and

Articles 345, 346, and 458 of the Criminal Procedure Act

Defendant

Attorney Go Jae-chul

Seoul Criminal Court Order 83Ro14 dated August 30, 1983

The reappeal is dismissed.

The grounds of reappeal are examined.

In a case where a person who is entitled to request a formal trial against the summary order makes a request for recovery of the right to request a formal trial on the ground that he/she or his/her representative is not informed of the fact that the summary order was notified of it within the prescribed period due to a cause not attributable to him/her or his/her representative, he/she shall make a written request for recovery of the right to request a formal trial within seven days from the day he/she becomes aware of the fact that the above cause is closed, that is, he/she shall make a request for a formal trial within a considerable period of time from the day he/she becomes aware of the fact that the summary order was notified, and at the same time, he/she shall make a request for a formal trial within seven days from the day he/she becomes aware of the fact that the above fact was notified, and if he/she did not make the request for a formal trial within the above seven days, the request for recovery of the right to request a formal trial cannot be permitted. From this view, the court below presented a written request for formal trial on February 25, 1983.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)