The meaning of "litigation procedure of the case in question" in which a request for a trial on re-adjudication of constitutionality is restricted under Article 68(2) of the Constitutional Court Act.

In accordance with Article 68(2) of the Constitutional Court Act, the term "litigation procedure of the case in question" in which a request for a trial on the constitutionality of a law is restricted shall include not only the procedure of the same instance but also the procedure of the appellate court. Thus, once a request for a trial on the constitutionality of a law is dismissed and an adjudication on constitutional complaint is requested, the party cannot make a request again for a trial on the constitutionality of

Article 68 (2) of the Constitutional Court Act

Applicant (Attorney Lee Im-soo, Counsel for defendant-appellant)

The request for adjudication on unconstitutionality under Article 69 (Article 33 (1) 4 of the State Public Officials Act) shall be rejected.

According to the Constitutional Court Act, when a law is based on the premise of a trial on the constitutionality of a law, the party concerned may request the court in charge of the case to make an adjudication on the constitutionality of a law (Article 41(1)), and when the request for adjudication on the constitutionality of a law is dismissed, the party who has made the request may request an adjudication on constitutional complaint to the Constitutional Court (Article 68(2). In this case, the party concerned may not again request an adjudication on the constitutionality of a law again for the same reason in the litigation procedure of the case in question (Article 68(2) (the latter part of Article 68(2)). In this case, the "court procedure of the case in which the request for adjudication on the constitutionality of a law is limited" includes not only the litigation procedure of the same court but also the litigation procedure in the appellate court. Thus, as long as the request for adjudication on the constitutionality of a law is dismissed and the adjudication on constitutionality of a law is requested, the party

According to the records, the applicant asserts that Article 69 of the State Public Officials Act, which is the premise of the trial in the process of the Busan High Court case No. 94Gu5458, which is the premise of the trial, is unconstitutional and it is clear that he filed a request with the Busan High Court for adjudication on the constitutionality of the above provision on December 14, 1994 and filed a request with the Constitutional Court for adjudication on constitutional complaint under 95HunBa14, the Constitutional Court. Thus, the applicant cannot again file a request for adjudication on the constitutionality of the above provision with the party member who is the appellate court in the above Busan High Court case No.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the applicant’s motion for an adjudication on the unconstitutionality of this case is unlawful and dismissed.

Justices Lee Don-hee (Presiding Justice)