1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

We examine the legitimacy of an appeal.

After the court of first instance sentenced the judgment on August 23, 2016, when the original of the judgment against the defendant was unable to serve the original of the judgment on September 5, 2016 due to the addressee's unknown, it served the original of the judgment by service by public notice. On September 20, 2016, the service became effective at the time of September 20, 2016.

On November 24, 2016, the Defendant filed an appeal by asserting that the period of appeal could not be complied with due to a cause not attributable to the Defendant, since the Defendant failed to move his address to the school problem of son on November 24, 2016.

An appeal shall be filed within two weeks from the date on which the written judgment has been served.

(Article 396(1) of the Civil Procedure Act). Where a party fails to observe the period of appeal due to any cause not attributable to him/her, he/she may supplement the procedural acts within two weeks from the date such cause ceases to exist.

(Article 173(1) of the Civil Procedure Act. Here, “reasons for which a party cannot be held liable” refers to the reasons why the party could not comply with the period despite the party’s due diligence to conduct procedural acts.

In a case where a document of lawsuit is served by public notice because it is ordinarily impossible to serve the document of lawsuit in a normal way during the course of the lawsuit, and is different from the case where the lawsuit was served by public notice from the service of the copy of the complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of such lawsuit and fails to abide by the peremptory period, it cannot be deemed that the party’s failure to observe the peremptory period is a cause not attributable to him/her.

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). According to the records, the court of first instance against the Defendant on February 26, 2016.