The court's action against the motion for challenge only for delay of litigation

In case where a motion for challenge against a judge is filed only for the purpose of delaying a lawsuit, the application itself shall be deemed unlawful, and the court to which the challenged person belongs may dismiss such motion for challenge.

Article 21 of the Criminal Procedure Act

Supreme Court Order 85Mo29 Dated July 8, 1985 85Mo19 Dated July 23, 1985

Defendant 1 and three others

Attorney Cho Jin-jin, Jin-Jin

Seoul High Court Order 87Ra5 dated March 18, 1987

All reappeals are dismissed.

The grounds of reappeal are examined.

In a case where an application for challenge against a judge only aims at the delay of a lawsuit, it is reasonable that the application itself is illegal and that the court to which the challenged person belongs can dismiss such application (see, e.g., Supreme Court Order 85Mo19, Jul. 8, 1985; Order 85Mo19, Jul. 23, 195).

According to the reasoning of the order of the court below, the court below held that the motion for challenge of this case was groundless for the same reasons as its reasoning and maintained the decision to dismiss the motion for challenge of the first instance court.

Examining the records of the reappeal case and the records of the case on the merits, the fact-finding of the court below did not violate the rules of evidence, and the court below's decision that the application for challenge of this case constitutes abuse of the right to challenge for delay of litigation is just and there is no illegality of misunderstanding the legislative intent and spirit of Article 20 (1) of the Criminal Procedure Act, and the order of the court below shall not be unconstitutional since it violated the right to be tried pursuant to the Constitution and law of Article 26 (1) of the Constitution, or infringed the legislative power of the National Assembly under Article 76 of the Constitution.

Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)