If it is impossible to serve a document due to the absence of the front door, whether it will be served by mail (affirmative)

In a case where the service agent was sent to the address of the receiver, but the service cannot be carried out because of the absence of the preceding door, the service cannot be carried out because of the absence of the preceding door, the court administrative officer can not serve the supplementary service or detention under Article 172 of the Civil Procedure Act, so the court administrative officer may serve the mail under Article 173 of the Civil Procedure Act.

Article 172 of the Civil Procedure Act, Article 173 of the former Civil Procedure Act (amended by Act No. 4201 of January 13, 1990)

Kim Tae-tae

Seoul Central District Court Order 90Ra162 dated April 20, 1990

The reappeal is dismissed.

In a case where the service agent was sent to the address of the receiver, but no document can be served because of the absence of a prior door, the document cannot be served as a supplementary service or detention under Article 172 of the Civil Procedure Act. In such a case, the court administrative officer can serve the mail under Article 173 of the Civil Procedure Act. The dismissal of the appeal by the court below to the same purport is justified and without merit.

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

Justices Kim Yong-sung (Presiding Justice)