Whether or not a reappeal may be made against a ruling on dismissal of an application for adjudication under the Military Court Meeting Act.

According to Article 297 (3) of the Military Court Act, a complaint may not be filed against a ruling dismissing an application for adjudication on the grounds that the application for adjudication is groundless, but if there are reasons prescribed in Article 454 of the same Act, a reappeal may be filed with the Supreme Court.

Articles 297(3) and 454 of the Martial Law Meeting Act

Supreme Court Order 73Mo72 Dated December 28, 1973

(Appellant) Re-Appellant

79 High Military Court Order 79 High Military Court Order 26 dated September 28, 1979

The reappeal is dismissed.

According to Article 297(3) of the Appellate Court Act, a complaint may not be filed against a ruling dismissing an application for adjudication on the grounds that the application for adjudication is groundless. However, if there are grounds prescribed in Article 454 of the same Act, a reappeal may be filed with the Supreme Court (see Supreme Court Order 73Mo72 delivered on December 28, 1973 by party members under the Criminal Procedure Act).

However, in this case, the re-appellant does not specify that there is such reason in the order of the court below, and even after examining records, it does not seem that there was a violation of the Constitution, law, order or rule prescribed in the above Article.

Therefore, this reappeal is dismissed as without merit, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-chul (Presiding Justice)