Where special appeal under Article 449(1) of the Civil Procedure Act may be made against a decision dismissing an application for rectification of judgment on the grounds of a violation of the Constitution.

In a special appeal under Article 449 of the Civil Procedure Act, there is a violation of the Constitution that affected a trial on a ruling or an order, including cases where the right to a fair trial is infringed in accordance with lawful procedures stipulated in Article 27 of the Constitution in the procedure of a ruling or an order. If an applicant intends to violate the above Constitution against a ruling dismissing a request for rectification of a judgment, whether such a ruling was made in a situation where the applicant was not provided with an opportunity to submit materials necessary for the trial, or whether there was an error in the judgment, even though it is obvious that there was an error in the judgment due to the materials in the entire process of the judgment and the materials submitted after the pronouncement of the judgment, the case where the court made a decision to dismiss the judgment

Article 49(1) of the Civil Procedure Act, Article 27 of the Constitution

Special Appellants

Other Party

Busan District Court Order 2003Kaga4569 dated November 27, 2003

The special appeal is dismissed.

Article 449(1) of the Civil Procedure Act provides that a special appeal may be made to the Supreme Court only on the ground that there is a violation of the Constitution that affected the judgment, or that there is an error in the judgment by the data submitted after the judgment was rendered in the entire process of the lawsuit, even though it is evident that there is an error in the judgment, and that there is an error in the judgment by the data submitted after the judgment was rendered, and that there is a court’s rejection of the decision by a court, even though it is obviously obvious that there is an error in the judgment by the data submitted during the entire process of the lawsuit, and that there is an infringement of the right to a fair trial in accordance with legitimate procedures stipulated in Article 27 of the Constitution in the procedure of the ruling or the order, etc.

According to the records, there is no circumstance to deem that the decision of the court below was made in the absence of an opportunity for the applicant to submit data necessary for the trial of this case, and even if based on the documents presented by the applicant during the entire process of the decision on performance recommendation, it is difficult to see that there is an error in the defendant's address indication in the written decision on performance recommendation, and the argument in the special appeal that the applicant did not have an opportunity for requesting the fact-finding request is merely merely an assertion that there was an error in the law of incomplete deliberation in the original judgment, and thus, it does not constitute a violation of the Constitution that affected the decision of the court below

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

Justices Lee Han-gu (Presiding Justice)