From the book <Failure Judgment>
From the book <Failure Judgment>
plaintiff's claim is dismissed.
The cost of the lawsuit is borne by the plaintiff.
[Purpose of Claim] The
defendant shall pay the plaintiff 23,359,200 won and the money calculated at a rate of 15% per annum from the day after the service of the copy of the collection in this case to the date of full payment.
[Omitted reason for judgment on small claims case]
Recently, a person came to our office with a sentence.
He suffered a medical accident while undergoing dental treatment, and he lost it even though he filed a lawsuit for more than two years.
But what made him angry was the fact that through the judgment, the reason for losing the lawsuit was not known.
The verdict he brought was two darangs.
Excluding the case name, the plaintiff, and the defendant's label, it was virtually six lines just as written before.
In short,'I dismiss the claim.
So, bear the cost of the lawsuit.'
It didn't take much time to confirm that this man's lie was true. Through the court operation site'Supreme Court My Case Search', I was able to immediately confirm that this person filed a lawsuit on February 28, 2017 and started the trial, and that the sentence was sentenced on October 24, 2019.
As I was staring at the judgment, the three meanings of'order' quickly passed by.
Regarding the order (注文) filed with the court asking the unjust citizens to properly count their resentment, the judge issued a ruling without sincerity, with only the order and no reason.
If you memorize a magical spell, will the reason for the judgment come out? 'Isn't the phrase at the end of the sentence a magic spell?' At the thought of this, the person asked for the meaning of this word. At the end of the judgment it is written:
'In the judgment of a small claims case, the reason may not be stated pursuant to Article 11-2, Paragraph 3 of the Small Claims Trial Act
. In the case of the Small Claims Trial Act, the reason for the judgment was not stated in the judgment because it stipulates that the reason for the lawsuit may not exceed 30 million won. When I explained it as it is, the client was very angry.
"Why is my case a small sum case? The 24 million won I charged is more money than my entire property." Was
this phrase not an order to inform the reason for the judgment, but an order to inspire anger? After getting angry for a while, he turned around and said this.
"You need to know why you
or not to decide whether to appeal or not..." In the
end, he gave up the appeal, and the order to settle this resentment was not answered.
Cases with relatively small claims were labeled as'small claims cases' since 1973 when the Small Claims Trial Act was enacted. The scope of small claims cases, which started as cases that did not exceed 200,000 won at the time of enactment of the first law, changed to the Supreme Court Rules, not laws, from 1980, and the Supreme Court expanded the scope to 30 million won in 2017. In the case of small claims cases, the system to omit the reason for judgment has been implemented since 1981 and is now.
It may be inevitable for the judiciary to take these steps to more efficiently handle various cases with a limited manpower. However, there are voices of criticism that it is possible to omit the description of the reason for the judgment based only on the size of the amount of the claim.
According to the data released by the courts in 2020 (Judiciary Yearbook), there were 9,49,603 civil lawsuits filed at courts nationwide in 2019, of which 681,576 cases were small. In other words, small claims cases account for a whopping 71,7%. Aside). Is it natural for the general public to set standards according to the amount of charges in order to increase the efficiency of handling cases by labeling most of the incidents in their lives?
Even if it is not a complicated fight, the loan lawsuit asking for the money because it did not receive the loaned 300 million won is unconditionally subjected to a settlement trial consisting of three judges from the first trial, and a sentence is provided to confirm the specific reason.
On the other hand, a complex medical lawsuit requesting compensation of 20 million won for damage caused by medical malpractice is classified as a small claims case because the amount of the claim does not exceed 30 million won, and a judgment is provided with no reason written on it.
Are there any citizens who can understand this?
The average annual salary of the top 40-50% of workers in 2018 was 28.64 million.
How long should we endure having to endure this unfriendly service by labeling the amount corresponding to one's annual salary with a'small amount'?
First, it is necessary to stop the Supreme Court from simply changing the rules to determine the scope of small claims cases, letting the law determine the scope as when the law first came into force, and revisiting the law carefully.
Whether it is correct to simply determine the scope of a small claims case based on the amount charged, or whether the name of the small claims case that appeared in 1973 is correct in order to increase the efficiency of handling cases.
#In-it #In-it #Choi Jung-gyu #Struggle for common sense # Meet'In-
it' to think about with this article, now.
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