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Main Issues
Whether or not an independent objection may be raised against a decision to dismiss an application for unconstitutionality
Summary of Decision
The decision of the appellate court which dismissed an application for unconstitutional review on the grounds that Article 5-2 of the Act on Special Measures for the Loans in Arrears by Financial Institutions is not unconstitutional shall not be independent of this decision since it has the nature of the intermediate trial.
Re-appellant
Dong Metal Industry Co., Ltd., Counsel for the defendant-appellant
United States of America
Seoul Central District Court Order 73Ra187 Dated April 4, 1973
Text
The reappeal shall be dismissed.
Reasons
As to the ground for reappeal by the re-appellant:
The reappeal of this case is clear by a single record that the court below dismissed the petitioner's request for review of constitutionality, and it is against the decision that the applicant's request for review of constitutionality is dismissed, and even if the provisions of Article 5-2 of the Act on Special Measures for the Loans in Arrears of the Financial Institutions that require deposit of security in the appeal against the decision of permission of a successful bid are erroneous in the judgment of the appellant's claim that the decision is unconstitutional, it is reasonable to view that the decision has the intermediate nature of trial. No objection can be made independently against this decision, and the decision of the court below that dismissed the appeal on the ground that there is no security deposit under Article 5-2 above, and the decision of the court below that the request for review of constitutionality is dismissed on the ground that it is not unconstitutional with the final decision of the court below is interpreted merely as being subject to the decision of the appeal, and the original decision cannot be subject to the original decision, so the reappeal of this case is inappropriate.
Therefore, it is so decided as per Disposition by the assent of all participating judges under Article 413(2) of the Civil Procedure Act.
Justices Rin- Port (Presiding Justice)