헌재 2008. 7. 31. 선고 2008헌마113 결정문 [불기소처분취소]

[결정문] [전원재판부]


208Hun-Ma113 Revocation of a non-prosecution disposition



Attorney Kang Jae-chul et al.


Public Prosecutor of the branch office of the District Public Prosecutor's Office;


The appellant's appeal is dismissed.


On July 5, 2007, the claimant filed a petition for adjudication on constitutional complaint of this case seeking revocation of the above disposition of non-prosecution by asserting that the respondent violated the right to equality guaranteed by the Constitution and the right to state the procedure of trial, which was against the defendant's disposition of non-prosecution on the case of 2007-type 2086.

However, even upon examining the record, the respondent does not seem to have committed an investigation against justice and equity with respect to the appellant's accusation, or committed a serious fault that affected the conclusion of the decision of the non-prosecution disposition in interpreting the Constitution, applying Acts or determining evidence, and otherwise, the above non-prosecution disposition by the respondent is arbitrary disposition to the extent that the Constitutional Court will intervene.

Since there are no materials to regard it as being, it cannot be said that the basic right of the claimant's assertion was infringed.

Therefore, the appeal of this case is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices.

July 31, 2008


Chief Justice Lee Han-hoon

Judges Lee Dong-chul

Justices Cho Jong-dae

Justices Kim Jong-ok

Justices Kim Jong-dae

Justices Park Jong-chul

Movement of Justices

Justices Jo Young-young

Head of the State Trial Board;