[광업권임의경매][공1990.7.1.(875),1224]
The decision of the court below which rejected a petition of appeal on the same day by applying Article 5-2 of the Act on Special Measures for the Financing by Financial Institutions which the Constitutional Court decided unconstitutionality (negative)
As of May 24, 1989, the Constitutional Court decided that Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions is in violation of the Constitution, the above provision has lost its effect on the same day. However, the court below's rejection of a written appeal against the decision of permission of adjudication on the same day, which applied Article 5-2 of the Act on Special Measures, which lost its effect, committed an offence of misunderstanding the legal principles
Article 5-2 of the former Act on Special Measures for Delayed Loans by Financial Institutions (The Constitutional Court Decision 89Hun-Ga37, 96 delivered on May 24, 1989), Article 47(2) of the Constitutional Court Act
Kim Hong-chul
Daejeon District Court Decision 87 Matagi389 Decided May 24, 1989
The order of the court below shall be reversed, and the case shall be remanded to Daejeon District Court astronomical Branch.
The grounds for special appeal are examined.
According to the records, with respect to the appeal by a special appellant against the decision of permission of the auction of this case, the court below rejected the appeal as of May 24, 1989 on the ground that the appeal was not accompanied by a document attesting that the special appellant had deposited a security under Article 5-2 (1) of the Act on Special Measures for Loans in Arrears by Financial Institutions.
However, as of May 24, 1989, the Constitutional Court made a decision that Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions is in violation of the Constitution, since the provisions of the Act decided as unconstitutional shall lose its effect from the date of the decision, it shall lose its effect from May 24, 1989.
The court below's rejection of the appeal by applying Article 5-2 of the Act on Special Measures for the Loss of Effect is erroneous in the misapprehension of legal principles as to the above provision.
Therefore, the order of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Song Man-man (Presiding Justice)