Whether there is a benefit to apply for challenge against a judge who is unable to perform his duties in respect of the case concerned.

The system of application for challenge against a judge is to prevent a judge from performing his/her duties in a certain case, in case where it is difficult for the judge to expect a fair trial in order to eliminate the confidence of the parties to the case and to ensure the fairness of the trial, since it is a system to prevent the judge from performing his/her duties in connection with a specific case, if the judge becomes unable to perform his/her duties in connection with the case, the application for challenge shall lose the purpose thereof and there is no

Article 39 of the Civil Procedure Act

Supreme Court Order 81Ma305 Dated October 10, 1985 85Ma580 Dated December 22, 1981

Applicant 1 and one other

the application shall be dismissed.

The summary of the reason for the application of this case is that the court composed of one judge of the Supreme Court, one judge of the Supreme Court, two judges of the Supreme Court, and three judges of the Supreme Court, which filed a lawsuit for invalidation of election on December 15, 1988 with respect to the 13rd presidential election implemented by the applicant on December 16, 1987, and that the Act on the Presidential Election provides that the lawsuit for invalidation of election shall be judged promptly in preference to other lawsuits. However, the above Supreme Court judges of the above Supreme Court have not started the examination of the lawsuit for invalidation of the above presidential election while other cases dealt with, while other cases have dealt with, they did not commence the examination of the lawsuit for invalidation of the said presidential election while designating the first date for pleading as 10:00 on June 24, 1988, but it is difficult for the above Supreme Court judges to expect the fairness of the trial after changing the date for pleading of the above case

However, the challenge system against a judge is a system that prevents a judge from performing his/her duties in a trial of a specific case in order to eliminate the confidence of a party's judge and ensure the fairness of the trial. Thus, if the judge is unable to perform his/her duties in a certain case, the motion for challenge shall lose its purpose and shall have no interest in making a decision on the motion for challenge. Thus, if the judge becomes unable to perform his/her duties in connection with the case, the motion for challenge shall be deemed to have been invalidated and shall not have any interest in making a decision on the motion for challenge. Thus, the suit for invalidation of presidential elections has already been cultivated to a court composed of Justices 1, 2, and 3, and it is obvious that the above suit for invalidation of presidential elections has been cultivated to a court composed of Justices 1, 2, and 3, and it is decided as per Disposition by the assent of all participating Justices to dismiss the motion for challenge.

Justices Yoon Sang-hoon (Presiding Justice)