2018Hunma385 Verification of unconstitutionality of infringement on fundamental rights

○○

2018.05.01

The appeal of this case is dismissed.

Where a request for adjudication on constitutional complaint is rejected due to its illegality, it is not possible to correct the deficiency in the requirements as stated in the decision, and to re-request for adjudication without supplementation (see Constitutional Court Decision 98Hun-Ma485, Jun. 28, 2001).

Before the claimant filed a constitutional complaint with the purport that the National Election Commission violated the claimant's right to vote by manipulating the result of the 19th presidential election, but the claimant's decision to dismiss September 7, 2017 on the ground that the supplementary requirements are not satisfied without undergoing an action to nullify the invalidity of election.

(2) Upon receipt of a petition (2017Hun-Ma926). The claimant again filed an adjudication on constitutional complaint of this case without correcting the defects in the above requirements. The instant petition for adjudication constitutes a new adjudication on the same case which has already been tried, and thus, is unlawful in violation of the principle of res judicata under Article 39 of the Constitutional Court Act.

Therefore, we decide to dismiss the instant appeal in accordance with Articles 72(3)4 and 39 of the Constitutional Court Act. It is so decided as per Disposition by the assent of all participating Justices.

Clerks of the presiding Justice

Justices Kim Chang-soo

Military Justice Jo Nam-nam