Whether Article 5-2 of the Act on Special Measures for Delayed Loans of Financial Institutions is unconstitutional or not.

The provisions of Article 5-2 of the Act on Special Measures for Delayed Loans of Financial Institutions set forth the conditions that the exercise of the right to appeal against the decision of permission of auction in the auction procedure for overdue loans, but does not limit the exercise of the right to appeal itself. Therefore, it cannot be said that the provisions violate the principle of equality under Article 10

Article 10 of the Constitution, Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions

Supreme Court Order 70Ma610 Dated October 6, 1970 Dated March 2, 1981 Dated March 2, 1981

same machinery and industry corporation

Suwon District Court Order 84Ma3151 dated January 7, 1985

The special appeal is dismissed.

The grounds for special appeal are examined.

Article 5 Section 2 of the Act on Special Measures for a Financial Institution's Overdue Loans is merely a condition that the exercise of the right to appeal against the decision of permission of a successful bid is offered in the auction procedure for the overdue loans, and it does not directly restrict the exercise of the right to appeal. Thus, it cannot be viewed that the provision violates the principle of equality under Article 10 of the Constitution (see Supreme Court Order 80Da15, Mar. 2, 1981; Supreme Court Order 70Ma610, Oct. 6, 197).

There is no doubt about constitutional violation.

In addition, the issue is that the successful bid price is illegal more than the market price, but it cannot be viewed as a legitimate special appeal.

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

Justices Lee Il-young (Presiding Justice)