In cases where documents evidencing the deposit of securities under Article 5-2 (1) of the Act on Special Measures for the Delayed Loans of Financial Institutions are not attached to a petition for appeal, whether the court is obligated to order the appellant to correct the deposit.

Documents evidencing the deposit of security under the provisions of Article 5-2 (1) of the Act on Special Measures for the Delayed Loans by Financial Institutions shall be submitted by the person who files an appeal against the decision of permission of a successful bid attached to the written appeal, and where the same documents are not attached to the written appeal, the court has no obligation to notify the appellant of the deposit of the security.

Article 5-2 of the Act on Special Measures for Delayed Loans of Financial Institutions, Article 4 of the Enforcement Decree of the Act on Special Measures for Delayed Loans of Financial Institutions

Supreme Court Order 79Ma387 Dated April 1, 1980

Special Appellants

Busan District Court Order 85Ma5400 dated July 29, 1985

The special appeal is dismissed.

We examine the grounds for special appeal.

Documents evidencing that a security deposit is made under Article 5-2 (1) of the Act on Special Measures for Loans in Arrears by Financial Institutions shall be accompanied by a petition for appeal (see Article 5-2 (2) of the same Act, Article 4 of the Enforcement Decree). In the event that such documents are not attached to a petition for appeal, the court does not have a duty to notify the appellant of the deposit of the security. Thus, there is no reason to argue that the court below's failure to notify the appellant of the deposit of the security before rejecting the petition for appeal under Article 5-2 (2) of the same Act is illegal, on the ground that the special appellant's assertion does not constitute a legitimate special ground for appeal, since the reasoning for appeal by the special appellant does not assert that the order of the court below violated the Constitution or the Act.

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

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju