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(영문) 대법원 1963. 8. 31. 선고 63그28 판결
[법관기피신청각하에결정에대한특별항고][집11(2)민,089]
Main Issues

The Supreme Court's order or decision is granted special appeal.

Summary of Judgment

The special appeal system of the Supreme Court can only be filed with the Supreme Court in relation to the decision or order with the right to make a final examination as to whether or not the order or the disposition is unconstitutional in accordance with Article 81 of the Constitution amended on June 15, 60.

[Reference Provisions]

Article 420 of the Civil Procedure Act

Special Appellants

Freeboard

United States of America

Supreme Court

Text

This case shall be dismissed.

Reasons

I think the special appeal system can only be filed with the Supreme Court with respect to a ruling or order which is not entitled to a final examination as to whether or not the order rules and dispositions are unconstitutional under Article 81 of the Constitution, or where it is based on mistake in interpretation of the Constitution or any other violation of the Constitution, and thus, a special appeal with respect to the ruling or order of the Supreme Court cannot be filed with the Supreme Court again. This special appeal is unlawful and it is so decided as per Disposition by the assent of all participating judges.

Judge Lee Young-su (Presiding Judge) of the Supreme Court Justice Lee Young-chul (Presiding Judge)

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