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Main Issues
No special appeal may be made against an order to dismiss a petition for appeal by the Supreme Court.
Summary of Judgment
No special appeal may be made against an order to dismiss a petition for appeal by the Supreme Court.
[Reference Provisions]
Article 420 of the Civil Procedure Act
Special Appellants
Special Appellants
United States of America
Supreme Court Decision 68Da825 Decided June 25, 1968
Text
The special appeal shall be dismissed.
Reasons
Article 420 of the Civil Procedure Act provides that a special appeal may be made to the Supreme Court only when a ruling or an order issued by the lower court is unable to file an objection against law, and a special appeal may not be made against a rejection order issued by the presiding judge of the Supreme Court which is the highest legal ground. This special appeal is unlawful and its defect cannot be corrected. Thus, it is so decided as per Disposition by the assent of all participating judges without making a judgment on the grounds of special appeal.
Supreme Court Judge Round (Presiding Judge) Kim Gi-gim and Hongnam Table