Criminal Procedure Act(CP ACT) Article 266 regulates ‘When a public trial has been instituted, the court shall serve the defendant or his defence counsel with a copy of the indictment without delay---'. According to the Act Article 63 (1), when the dwelling, office or present residence of the defendant is unknown, the service may be made by public notice. Service by public notice may be made only when a court so orders in accordance with the Supreme Court Regulations and service by public notice shall be made by the court administrative officer or clerk preserving the document to be served and by his putting a summary thereof on the court bulletin board to show it to the public{CP ACT Article 64 (1), (2)}.
The previous provisions tell us that in case of service by public notice, the defendant has the difficulty to be informed on the schedule on his trial in modern times, and therefore we reach the conclusion that the trial cannot be opened because when the defendant does not appear on the day fixed for public trial, the court shall not sit without special provisions(The Act Article 276).
To solve the problem mentioned above, ACT ON SPECIAL CASES CONCERNING EXPEDITION, ETC. OF LEGAL PROCEEDINGS(ACT ON SC) has been made. When it is impossible to confirm the whereabouts of an accused, in the procedures at the court of first instance, up to an elapse of 6-month from the time when the report on impossibility of service on the accused has been received, the judgment may be rendered without hearing a statement of the accused under the conditions as determined by the Supreme Court Regualtions(ACT ON SC Article 23).
The Supreme Court has decided that the court need to make every effort to find out the whereabouts of an defendant to satisfy the requirements asked by ACT ON SC Article 23. If the court did not make every effort to do, the procedures of the court would be illgal and the decision of the court should be reversed. If so, the defendant may apply for recovery of his right to appeal{When a person entitled to make an appeal --- has been prevented, by a cause not imputable to himself or his representative, from lodging an appeal within the period for making an appeal, he may apply for recovery of his right to appeal(CP ACT Article 345)}.
It remains to be seen that how much effort has to be made by lower courts.

대상결정: 대법원 2006. 2. 8.자 2005모507 결정
  [사건개요]
  [판시사항]
 [연 구]
  Ⅰ. 문제의 제기
  Ⅱ. 형사재판에서 공시송달의 의미
  Ⅲ. 대법원의 태도
  Ⅳ. 대상결정의 의미
  Ⅴ. 결론
 [Abstract]

• 김정원(춘천지방법원)