The Method of Appeal against the Original Court's Self-Correction Decision on Appeal: Supreme Court Decision 2023GUE585, 586 dated July 14, 2023 Decision

The subject decision is the first ruling on the method of appeal against the original court's self-correction decision following an appeal against the order to dismiss the letter of appeal. Although there is no express provision that an immediate appeal can be made against self-correction decision, the subject decision ruled that the other party who is disadvantaged by the self-correction decision can appeal the decision through an immediate appeal by applying mutatis mutandis or analoging Article 211, Paragraph 3 of the Civil Procedure Act, which states that an immediate appeal can be made against judgment correction decision in accordance with Article 224, Paragraph 1 of the Civil Procedure Act, which states that the provisions on judgments apply mutatis mutandis to decisions and orders unless they are contrary to their nature. Furthermore, the Supreme Court ruled that not allowing the other party who is at a disadvantage due to the self-correction decision to file an immediate appeal and only allowing to appeal through a special appeal under Article 449, Paragraph 1 of the Civil Procedure Act infringes on the other party's legitimate right to appeal and the interests of the trial step, thereby infringes on the constitutional right to claim trial considering that the grounds for special appeal are limited. Since a special appeal is recognized against a decision or order that cannot be appealed, according to the subject decision, a special appeal becomes impossible as the other party's immediate appeal is acknowledged. In this paper, the author reviewed the method of appeal against self-correction decision, whether it is appropriate to apply mutatis mutandis or apply by analogy the provision on appeal regarding judgment correction to self-correction decision, and whether it infringes constitutional right to claim trial not allowing an immediate appeal against self-correction decision. The author stated that a normal appeal or an immediate appeal cannot be made against a self-correction decision, but only a special appeal is possible. The subject decision allows an immediate appeal against self-correction decision, but considering the following arguments, the subject decision that allows an immediate appeal to the other party against a self-correction decision cannot be said to be valid. ① Immediate appeals are permitted only when there are express provisions. ② In this case, if the appellant is not allowed to file an immediate appeal against the original trial court presiding judge's order to dismiss the letter of appeal, the appeal process will no longer proceed, so the appellant needs a method of appeal, but if there is a self-correction decision from the first trial court, since the case will be transferred to the appeal court and appellee can sufficiently dispute in the appeal court procedurally and substantively, including the review of the letter of appeal by the appellate trial presiding judge, it cannot be said that an appeal method such as an immediate appeal is absolutely necessary. ③ A special appeal can be made against the self-correction decision. ④ Judgment correction decisions and self-correction decisions have different reasons and characteristics. ⑤ Recognizing an immediate appeal again against the decision to cancel the order to dismiss the letter of appeal may delay the main proceedings and impede a speedy trial. ⑥ Considering the litigation procedures and appeal methods after an order to dismiss the letter of appeal or a correction decision, equity between the parties, etc., the legislator provides method of appeal called immediate appeal for an order to dismiss the letter of appeal, but does not provide appeal method for the original court's correction decision that cancels the order to dismiss the letter of appeal.