Whether a special appeal may be filed against the Supreme Court's ruling or order (negative)

A special appeal may be filed only when a ruling or an order issued by the lower court is subject to no legal objection, and it is filed on the ground that such ruling or order was in violation of the Constitution or Act that affected the judgment, and no special appeal shall be filed against the ruling or order of the Supreme Court.

Article 420(1) of the Civil Procedure Act (Article 8 of the Administrative Litigation Act)

Supreme Court Order 75Hun-Ga5 Dated August 30, 1975 (Gong1975,8659) 82Da23 Dated October 22, 1982 (Gong1983,47) 84Da6 Dated February 7, 1984 (Gong1984,573)

Special Appellants

Supreme Court Order 92Du3 Dated April 1, 1992

The special appeal shall be dismissed.

According to the records, it is evident that the appeal of this case was filed by a member against the order to dismiss the petition of appeal of 92Du3 as of April 1, 1992 by the member. If so, this is against the order that is not allowed to file an objection, and it is considered as a special appeal. Thus, it is determined to have raised a special appeal.

A special appeal may be filed only when there is a violation of the Constitution or laws that affected the judgment or order, in a case where a ruling or order issued by the lower court is not an objection, and a special appeal is not filed against the ruling or order of the Supreme Court (see, e.g., Supreme Court Order 82Do23, Oct. 22, 1992; 84Do6, Feb. 7, 1984).

Therefore, the special appeal of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Choi Young-young (Presiding Justice)