[부동산강제경매][공1990.3.1(867),442]
Whether Article 15 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is unconstitutional
The provisions of Article 15(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings do not violate the right to equality under Article 11(1) of the Constitution.
Article 15(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and Article 11(1) of the Constitution
Supreme Court Order 84Ma83 Dated April 3, 1984
Special Appellants
Seoul District Court Order 89 Tagi5397 Dated August 2, 1989
The special appeal is dismissed.
The view is that Article 15(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is not an unconstitutional provision against the right to equality under Article 11(1) of the Constitution. (See Supreme Court Order 84Ma83 dated April 3, 1984) The Constitutional Court’s decision of unconstitutionality as to Article 5-2 of the Act on Special Measures for the Promotion, etc. of Legal Proceedings is not appropriate for this case.
The other reasons do not fall under any of the special grounds of appeal under Article 420 of the Civil Procedure Act.
Therefore, the special appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Ansan-man (Presiding Justice)