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(영문) 대법원 1984. 2. 7.자 84그6 결정
[상고허가신청기각결정에대한특별항고][공1984.5.1.(727),573]
Main Issues

Special appeal against the Supreme Court's decision or order (negative)

Summary of Judgment

A special complaint may be filed with the Supreme Court only when a ruling or an order issued by the lower court is not entitled to file an objection, and a special complaint shall not be filed with the Supreme Court with respect to the ruling or order of the Supreme Court, on the grounds of a violation of the Constitution or Acts that have affected the judgment.

[Reference Provisions]

Article 420(1) of the Civil Procedure Act

Reference Cases

Supreme Court Order 87Da18 dated Oct. 22, 1982 Dated Feb. 14, 1969 82Da23 dated Jun. 29, 197

Special Appellants

Special Appellants

United States of America

Supreme Court Order 83Meu1601 Dated December 28, 1983

Text

The special appeal shall be dismissed.

Reasons

This case is a special complaint against the ruling dismissing the application for permission for the final appeal as of December 28, 1983 by a member of the lower court. However, in a case where a decision or an order issued by the lower court is unable to file an application for legal objection, a special complaint may be filed with the Supreme Court only on the ground that the decision or order was in violation of the Constitution or the law that affected the judgment, and no special complaint may be filed with regard to the ruling or order of the Supreme Court (see, e.g., Supreme Court Order 68Da13, Feb. 14, 1969; Order 77Da18, Jun. 29, 197; Order 82Da23, Oct. 22, 1982). Accordingly, the special complaint of this case is unlawful and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Il-young (Presiding Justice)

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