The method of appeal against a ruling dismissing an application for adjudication or a ruling to refer to adjudication.

An appeal in principle shall not be filed in accordance with Article 262 (2) of the Criminal Procedure Act against the dismissal of an application for adjudication by a high court or a decision to return to trial by the Supreme Court under Article 262 (1) of the same Act: Provided, That an appeal may be filed immediately with the Supreme Court only for the reason that there is a violation of the Constitution, Act, order or rule which affected the trial

Articles 262 and 415 of the Criminal Procedure Act

Supreme Court Order 72Mo50 dated August 30, 1972

Re-appellant

Daegu High Court Order 85 seconds28 dated September 10, 1985

The reappeal is dismissed.

In principle, no appeal shall be filed under Article 262 (2) of the Criminal Procedure Act against the dismissal of an application for adjudication or a decision to return to an adjudication by the High Court under Article 262 (1) of the same Act. However, an immediate appeal may be filed with the Supreme Court only on the ground that there is a violation of the Constitution, Act, order or rule that affected the trial by interpretation of Article 415 of the Criminal Procedure Act. Thus, the reappeal of this case cannot be deemed a legitimate reappeal because it is not asserted on the ground that the said reappeal has violated the Constitution, Act,

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)