(영문) 헌재 2017. 10. 31. 선고 2017헌아534 결정문 [기본권 침해 위헌확인(재심)]

[결정문] [지정재판부]


2017Hun-Ga534 Infringement of Fundamental Rights (Re-deliberation)


○○ Kim

Determination subject to review;

Constitutional Court Order 2017Hun-Ma762 Decided July 25, 2017

Date of decision

oly 31, 2017


The appeal of this case is dismissed.


1. Summary of the case;

On July 11, 2017, the claimant filed an adjudication on constitutional complaint by asserting that the family register, resident registration number, etc. was forged, but was dismissed on the ground that the claimant did not have any specific assertion to the extent that it could confirm the possibility of infringement of fundamental rights (see Constitutional Court Decision 2017Hun-Ma762, Jul. 25, 2017). The claimant filed an adjudication on constitutional complaint seeking review of the dismissal decision.

2. Determination

In order to request a retrial against a decision made by the Constitutional Court, a ground that is allowed by the nature of the review on constitutional complaint should be asserted as the ground for the request for retrial among the grounds under the subparagraphs of Article 451(1) of the Civil Procedure Act, which are applicable mutatis mutandis by Article 40 of the Constitutional Court Act, as the grounds for the request for retrial (see, e.g., Supreme Court Decision 2006Hun-Ga50, Feb. 22, 200

3. Conclusion

As a petitioner’s request for a trial is unlawful, it is so decided as per Disposition by the assent of all participating Justices.


The presiding judge shall move to the judge.

Justices Lee Jin-sung

Justices Kang Jong-won