(a) Whether the provisions of Article 5-2 of the Act on Special Measures for Loans in Arrears of Financial Institutions are unconstitutional;

B. Whether the appellate brief has a duty to order the appellant to correct the deposit, in case where documents evidencing the deposit of the security stipulated in the above Article are not attached to the appellate brief

A. The provision of Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions is merely a condition that the exercise of the right to appeal against the decision of permission of a successful bid is provided in the auction procedure for loans in arrears, and it does not limit the exercise of the right to appeal itself. Therefore, it cannot be viewed as a provision that violates the principle of equality under

(b) Documents evidencing that the security has been deposited under Article 5-2 (1) above shall be submitted by the person who files an appeal along with the written appeal, and where such documents have not been attached to the written appeal, the court shall not be obliged to issue an order for the security deposit or an order for correction to the appellant.

(a)Article 5bis of the Act on Special Measures for the Delayed Loans of Financial Institutions, Article 4(b) of the Enforcement Decree of the Act on Special Measures for the Delayed Loans of Financial Institutions;

Supreme Court Order 85g12 Dated March 5, 1985 85g16 Dated September 25, 1985

Special Appellants

Seoul District Court Order 85ta1582 Dated February 10, 1986

The special appeal is dismissed.

The grounds for special appeal are examined.

The provisions of Article 5-2 of the Act on Special Measures for Loans in Arrears set forth the condition that the exercise of the right to appeal against the decision of permission of a successful bid is a security in the auction procedure for loans in arrears and does not limit the exercise of the right to appeal itself. It is the opinion of the party member who is revealed that the right to appeal is not in violation of the principle of equality under Article 10 of the Constitution. Documents proving the deposit of security under Article 5-2 (1) of the above Act shall be submitted by the person who files an appeal along with the written appeal (see Article 5-2 (2) of the same Act, Article 4 of the Enforcement Decree of the same Act, and Article 4 of the same Decree). If the documents are not attached to the written appeal, the court

Unlike the opinion, it is not reasonable for the court below to have any violation of the Constitution and any violation of the law.

Therefore, the special appeal is dismissed by the assent of all participating Justices. It is so decided as per Disposition.

Justices Lee B-soo (Presiding Justice)