대표권 소멸과 소송절차 중단시점, 그리고 상소제기 특별수권의 범위 — 대법원 2016. 9. 8. 선고, 2015다39357 판결을 중심으로 —

Abstract

This article is intended to analyse the supreme court decision 2015da39357 decided September 8, 2016, which has several civil procedure law issues on the Interruption point of proceedings when a party, representative of a corporation, loses it’s power of agency, and the scope of an litigation representative’s special authority to file an appeal. Firstly, The Supreme Court maintains the position that the proceedings represented by an litigation representative shall not be interrupted when a representative of corporation loses the power of agency though there is no notification of power of agency, and then the proceedings are interrupted when the power of attorney is terminated, that is, when the judgement is served to the litigation representative, or appealed by the litigation representative. But I think that where there is no notification of loss of power of agency, no termination of it in the proceedings, and no interruption of the proceedings when the authority of litigation representative is expired. Secondly, the Supreme Court has the position that the special authority of litigation representative to file an appeal is not the authority of performing the whole proceedings, but the one of submitting a notice of an appeal. In my opinion, the power of attorney to file an appeal shall not be expired when the notice of an appeal is submitted, but when the whole proceedings are terminated. The authority of filing an appeal(§ 90 II ③ Civil Procedure Act) is the authority of performing power of attorney by the end of the proceedings.