Articles 58 and 61(1) of the Court Organization Act and Article 20(1) of the Rules on Trials for the Maintenance of Order in Court, etc.

Appellant

Seoul Southern District Court Order 2007Hun-Ma1 dated May 18, 2007

The special appeal is dismissed.

The grounds of special appeal are examined.

1. On the first ground for a special appeal

According to Article 61(1) of the Court Organization Act and Article 20(1) of the Rules on Trials for the Maintenance of Order in Court, the court of appeal, etc. against the judgment of detention, etc. on verbal abuse or disturbance inside and outside the court which obstructs the trial of the court or undermines the prestige of the trial may make a special appeal to the Supreme Court against the judgment of detention, etc. on verbal abuse or disturbance inside and outside the court, only “when the Constitution is in violation of the Constitution or the interpretation of the Constitution is unreasonable” or “when the interpretation of laws, orders, rules or dispositions is in conflict with the Supreme Court precedents.” Thus, the grounds such as the special appellant’s failure to make verbal abuse or disturbance, such as interfering with the trial of the court, or the excessive disposition by the court below does not constitute a special appeal and the grounds for appeal

2. On the second ground of appeal

In a special place where a court’s trial is conducted inside and outside the court, in which only acts and expressions necessary for the trial procedure are permitted by nature, and the presiding judge has broad control over the maintenance of order in the court by prohibiting entry of a person who is likely to harm the dignity and order of the court or ordering him/her to leave the court (see Article 58 of the Court Organization Act). Therefore, any speech and behavior likely to harm the dignity and order of the court in the court shall not be permitted in the court, and it may not be said that it infringes on the freedom of expression by imposing sanctions, such as detention, against violations. The assertion of special grounds for appeal as to this point cannot be accepted.

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

Justices Park Si-hwan (Presiding Justice)