[위헌법률심판제청신청][공1995.9.1.(999),2933]
01. Whether Article 4 (1) of the Act on Special Cases concerning the Procedure for Appeal violates the Constitution;
01. In all cases involving the rights of the people to be tried by a judge under law as stipulated in Article 27(1) of the Constitution and laws, it cannot be readily concluded that the right to a trial by a judge of the court of final appeal is included in the right to a trial by the procedure of final appeal. In addition, Article 4(1) of the Act on Special Cases Concerning the Procedure for final Appeal cannot be concluded to include the right to a trial by a judge of the court of final appeal as well as the right to a trial by the procedure of final appeal. Since Article 4(1) of the Act on Special Cases Concerning the Procedure for final Appeal
Article 4(1) of the Act on Special Cases concerning the Vehicle for Appeal, Article 27(1) of the Constitution, Article 101(2) of the Constitution
Supreme Court Order 95Kagi42 Dated July 14, 1995 (dong)
Claimant 1 and 6 applicants' agents
The request for adjudication on constitutionality is dismissed.
The reason for applying for an adjudication on constitutionality of a law is examined.
Article 4 (1) 5 of the Act on Special Cases Concerning the Procedure for Appeal is a violation of Article 27 (1) of the Constitution, since Article 101 (2) of the Constitution unfairly limits the right to a trial by the Supreme Court which is the highest legal cause of the application.
However, with respect to all cases involving the rights of the people to be tried by a judge under law as stipulated in Article 27 (1) of the Constitution and laws, it cannot be readily concluded that the right to a trial by a judge of the court of final appeal is included in the composition of the court of final appeal and the right to a trial by the procedure of final appeal. In addition, Article 4 (1) of the Act on Special Cases Concerning Special Cases Concerning Special Cases Concerning Special Cases Concerning Special Cases Concerning Which Article 27 (1) of the Constitution provides that if the assertion on grounds of final appeal is deemed not to include the grounds
There is no reason to discuss this issue.
Therefore, the request for adjudication on the constitutionality of a law shall be dismissed as it is without merit. It is so decided as per Disposition by the assent of all Justices.
Justices Cho Chang-tae (Presiding Justice)