The legality of re-appeal against a decision to dismiss a request for an adjudication on constitutionality (negative)

According to the provisions of Article 41(4) of the Constitutional Court Act, an appeal against a decision on a request for adjudication on unconstitutionality shall not be filed, and according to the provisions of Article 68(2) of the same Act, an adjudication on constitutional complaint may be filed against a decision on dismissal of a request for adjudication on unconstitutionality. Thus, a reappeal against a decision on dismissal of a request for adjudication on unconstitutionality without any grounds is unlawful.

Articles 41(4) and 68(2) of the Constitutional Court Act, Articles 409 and 412 of the Civil Procedure Act

Maok-inter et al. and two re-appellants' long-term workers

Seoul High Court Order 89Nu102 dated August 23, 1989

All reappeals shall be dismissed.

Bain ex officio.

According to the records, the re-appeal of this case is a reappeal against the decision that dismissed the re-appeal of Article 21 of the Re-Appellants' request for unconstitutionality Review under the provisions of Article 41 (4) of the Constitutional Court Act. According to the provisions of Article 41 (4) of the Constitutional Court Act, it is prohibited from filing an appeal against the decision on dismissal of the request for an adjudication on unconstitutionality review under the provisions of Article 68 (2) of the same Act. Thus, the reappeal of this case is unlawful.

Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)