[특별항고][공1988.6.1.(825),913]
Whether a special appeal can be filed against the judgment of the Supreme Court
A special appeal may be made to the Supreme Court only on the ground that there is a violation of the Constitution or laws that affected the judgment or order rendered by the lower court, and no special appeal may be made against the judgment of the Supreme Court.
Article 8 of the Administrative Litigation Act, Article 420 of the Civil Procedure Act
Special Appellants
Supreme Court Decision 87Nu1148 Delivered on January 19, 1988
The special appeal shall be dismissed.
On the other hand, this case is a special complaint against the decision that dismissed the appeal on October 28, 1987 as to the invalidity confirmation of the portion of the value-added tax imposed by a party member, and the special complaint can be made to the Supreme Court only when it is based on the decision made by the lower court or the violation of the Constitution or the law that affected the decision, and no special complaint is raised against the decision of the Supreme Court.
Therefore, the special appeal of this case is unlawful and dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Jae-hee (Presiding Justice)