An original copy of the judgment, which was returned due to absence of documents, despite the delivery by the mailman two times or more, is a book of delivery by registered mail (affirmative)

It is legitimate for the court to serve an original copy of the judgment which has been returned due to absence of documents in spite of two or more deliverys by the mailmen by registered mail.

Article 173 of the Civil Procedure Act

Now Dong-ho

Seoul Civil District Court Decision 90Ra473 delivered on September 27, 1990

The reappeal is dismissed.

The grounds of reappeal are examined.

If there is no person to receive the service (the person to receive the service or the supplementary service) due to the closure of the place of service by the person to receive the service, the service may not be carried out as well as the service by mail under Article 173 of the Civil Procedure Act. In such a case, the service by mail may be carried out under Article 173 of the Civil Procedure Act. Therefore, it is legitimate for the original order court to execute the service by sending it by registered mail, in which the original order court returned the original copy of the judgment, which was returned to the absence of each closure, regardless of the delivery by

Therefore, the order of the court below that maintained the order that dismissed the petition of appeal of this case, which was not timely filed by the enforcement of the above service, is correct and there is no reason to fall under Article 412 of the Civil Procedure Act. The argument is groundless.

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

Justices Lee Chang-chul (Presiding Justice)