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TITLE Seoul High Court 2022Ro19 Decided August 17, 2022: Confirmed ¡¼Appeal against Partial Approval of Criminal Compensation¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ In the case where: the appellant filed a claim for reimbursement of travel expenses and daily allowances incurred in attending the first instance trial and appellate trial dates in a criminal case (relevant criminal case) where the judgment of acquittal became final and conclusive, and where the appellate court in the relevant criminal case did not serve the appellant with the order that changed the trial date even though the appellate court changed the trial date ex officio, which resulted in the appellant only being informed of the change in date after visiting the court on the relevant trial date and so had to return home afterwards, the question of whether the lower court erred in rejecting the claim for reimbursement on this part as the appellant was not negligent in his/her efforts to attend the trial date and was unable to attend because the trial date was changed due to reasons not attributable to him/her, and so he/she can be reimbursed for daily allowances, etc., for the day in question.
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