Where an application for correction of a judgment of the first instance, which is not a judgment court, is dismissed, and the application for correction is pending in the second instance which is the cause of the judgment, the second instance.

The court which can correct the decision of the first instance court shall dismiss the request for correction for the reason that it is not the first instance court, and as long as the case of application for correction is pending in the original court which is the cause of the decision, the court below shall examine and determine whether there exists any cause of correction, and shall not dismiss the appeal.

Article 197 of the Civil Procedure Act

[Defendant-Appellant] Kim Tae-tae et al., Counsel for defendant-appellant-appellant

Gwangju High Court Order 73Ra9 dated November 22, 1973

The original decision is reversed and the case is remanded to the Gwangju High Court.

As to the grounds for reappeal by the re-appellant agent:

The original decision dismissed the appeal on the ground that the court's dismissal of the application for correction to the Jeju District Court, the first instance court, as to the errors of the judgment of the court below, was justifiable.

However, even though the court is not the Jeju District Court, which is not the Jeju District Court, which can correct the decision of the court below, and therefore dismissed the request for correction of the main case of the court of first instance, it is justifiable to dismiss the request for correction of the main case of the court of first instance, so long as the case of application for correction is pending in the court below as a result of appeal against its dismissal, the court below should have deliberated and judged whether there is a ground for correction of the original decision, and therefore, there is an error of law in the misapprehension of legal principles in the original decision dismissing the appeal for non-re-appealing this issue, and therefore, the re-appeal of this issue

Therefore, according to Articles 413(2) and 406 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

Justices Rin- Port (Presiding Justice)