We live with product purchase contracts and service contracts dozens of times a day.

I didn't write a contract, but I might ask what the contract is, but we buy things at the mart, eat at restaurants, and use public transportation such as buses, subways, and trains.

With that contract, we expect good things and more convenient services, but sometimes we encounter moments where we don't.

When I came home and opened the item I bought at the mart, it could be'bad' that one part was missing, or the food I bought was'bad' food, so I could get upset.

Also, you may miss the meeting because of the'poor' service that you hung up your train ticket to participate in an important meeting, but the train does not come on time.

In this case, we ask for an AS.



But what should we do if the judgment we received in the court is bad?


Where should I get A/S and can I get proper compensation?




● Three-core system that everyone cannot enjoy First of all,



Korea is choosing a three-core system.

You have the right to request AS at the Supreme Court trial, which is the second trial for the first trial, and the third trial for the second trial.

After being tried three times, you might think that AS is not enough, but if you take a step further into how the actual 3-trial system operates, the question remains as to whether it is enough AS.



The three-trial Supreme Court does not conduct a hearing on facts.

Only whether the second trial, the appeal trial, is legally in error, is called the'judicial trial'.

In many cases, it is not allowed to even undergo a hearing by the Supreme Court, which is a third trial that examines only such a limit.



It means that even if you pledge to go to the Supreme Court and fight until the end, you will be beaten by the Supreme Court.

That is the'noncontinuity' system.



"Claims about the ground of appeal is therefore to that article Special Act No. 4 on the final appellate procedure recognized that there is no reason under Article 5, it shall dismiss the appeal of the Appellant based article,"



no he vowed to fight to go to the Supreme Court to end, written even losing reason I often met citizens who collapsed after receiving a Supreme Court ruling inscribed with such phrases.

Of the 16,990 civil, domestic, and administrative litigation cases closed by the Supreme Court in 2019, 12,258, or about 72%, were handled in this way.

So, even if the Supreme Court wins aside, there is an expectation that a lawyer from the Supreme Court must be appointed in order to properly receive a hearing.

However, only a few can pay tens of thousands of won worth of stamps.



There are also opinions that it is an inevitable system because there are too many cases coming to the Supreme Court and a limited manpower must focus on hearing important cases.

There are also voices that the Supreme Court should establish an appeals court that handles simple cases separately.



However, I went to the official after-sales center because the product I purchased was defective, but the product I purchased is not important and cannot be repaired. There is no party in the case to take it cool.

For all parties involved, the event is the most important event in the world.



Wouldn't it be necessary to have a sincere hearing on all cases even by increasing the number of justices and recruiting manpower?

So, wouldn't the 3-trial system be a proper AS for bad judgment?



● Compensation for bad judgment?



If you

only experience the birth of another bad judgment, what about the

compensation?

Receiving compensation from the state for bad judgment is an area that is virtually impossible.

This is because, under the current Supreme Court precedent, in order to be recognized for national liability for a bad decision, it is necessary to prove the unjust purpose of the judge who produced the bad decision or to prove that the average judge has significantly violated the duty of care that the average judge should have.



After eating bad food, he urged the restaurant owner to prove that in order to receive refunds and compensation, the chef must prove the fraudulent purpose of making the food poorly or that he has significantly violate the duty of care that the average chef should have. If you do, you will be treated as a freak.

However, it is the current position of the court that demands such strict requirements for the faults of judges who have been granted judicial power by citizens.



If demanding requirements must be met in order to be held accountable for doing so, there should be ample opportunity to prove it.

At the very least, it is the basics of the basics that the judge who produced the bad judgment must be called as a witness to be given an opportunity to ask.

However, in the national compensation lawsuit, which I proceeded as a legal representative, the opportunity was not granted during the three-year and six-month trial period leading up to the appeal trial.

In fact, as I have been standing on this slanted playground for more than three years, I am careful even to say "Try it out" to those who are contemplating such a lawsuit.



"Why the hell did you produce a bad judgment? Didn't you produce a luxury judgment in the two similar cases handled just before? Is the defendant's attorney in this case honoring you because he was a full-time attorney?"



This is because, although I prepared these questions, I experienced firsthand that it is unlikely that a luxury judgment sentence will be sentenced to a severe responsibility through a lawsuit process that cannot be questioned by the judges who produced the bad judgment.



If you filed a national compensation suit to get AS for the bad ruling, and the ruling that you can finally get is another bad ruling, you will not want to go near the court.

The car I bought after paying the money I saved for a long time had a defect, so I received an after-sales service and exchanged it for another car.



● Let's boldly demand that a proper AS system be prepared The AS system



currently operated by the court has many flaws.

For a very long time, citizens have endured and endured the national compensation system in which only a small number of people enjoy the appeal and that there is no fault but no responsibility.

However, efforts and attempts to improve this are not seen properly.

Due to the constitutional ideology, the impeachment of a judge will be resolved in the National Assembly and a hearing will be held at the Constitutional Court, but it is difficult to expect the court's attitude toward the citizens to change if one judge is impeached.



"How long should we only complain about the bad AS system for bad judgments?"



This judicial power of judging someone's wrongdoing and raising the hand of one of the parties to the dispute is a tremendous power.

However, as the power is enormous, there are many times when we cannot remember that it was our citizens.

Citizens have left that power to the judiciary and judges.



It must be remembered that our citizens have the right to demand a proper AS for bad judgments caused by misuse of that power.



(** Note: I want to know the case of national compensation for the ruling sentence that I introduced, which aired on May 5, 2018. This is the case introduced in Episode 1122 "Unfinished Hide and Seek-63 Slaves of Shinan Salt.")



#In-it #In-it #Choi Jung-gyu #Struggle for common sense # Meet the'In



-It' to think about with this article now.


 [In-It] Where do I get AS for the'bad judgment'?