238 NEWSLETTER 2021 The situation in which the party demanding notification provides an incorrect address instead of the last known address of the addressee During the sessions of the Assembly, the possibility of the party demanding notification maliciously and providing an irrelevant address instead of the last known address of the addressee was evaluated as a potential problem that might occur in practice. The Assembly underlined that the precondition of issuing notification pursuant to Article 21/2 of the NL is that the notification shall initially be issued to the last known address, and that the notification be returned. According to the Assembly, if the authority issuing the notification issued it without exercising its supervisory authority, the notification shall be invalid, because the precondition of notification pursuant to Article 21/2 of the NL has not been met. Throughout the decision, it is stated that if a judgment is concluded with invalid notifications, various legal remedies can be applicable, and even this issue can be a basis for reversal in the appeal review. The Situation Where Some of the Post Officers Go to the Shown Address and Deliver the Notification to the Head of the Local District In the Decision, the situation in which some of the post officers go to the shown address and directly deliver the notification to the head of the local district without attending at the known address has been evaluated. According to the Decision, due to the reasoning that some post officers follow such a method in practice, accepting a three-step notification method via first issuing a normal notification to the domicile of the addressee registered to the address registry system, and issuing a notification pursuant to Article 21/2 of the NL thereafter shall be contrary to the procedure and the laws. The Assembly emphasized that for issuing a notification pursuant to Article 21/2 of the NL, there shall be impossibility of notification and refusal of the notification, and that the post officer cannot prove that it was impossible to make notification without going to the actual door of the notification address.
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