One case challenging a court's decision to dismiss an appeal due to late submission of the appeal brief has been referred to the full bench of the Constitutional Court. This brings the total number of cases submitted to the full bench to ten.
On June 30, the Constitutional Court convened a designated panel of three justices to discuss a case involving Company A, which operates in the e-commerce retail brokerage sector, regarding the cancellation of a ruling.
Company A claimed that former employee B violated a confidentiality agreement that included non-disclosure and non-compete clauses. Despite this, Company A lost the first trial on December 19 of last year. The company received the judgment on December 22 and filed an appeal on December 29.
The Suwon District Court, which handled the appeal, notified Company A's legal representative of the appeal record on January 16. The notice reached Company A on January 24 at around midnight. However, Company A submitted its appeal brief 40 days later, on March 5, which the court rejected, stating that the submission period had expired according to civil procedure law.
Company A filed a petition for a review of the ruling with the Supreme Court, but it was dismissed for lack of grounds.
Company A argued that the provisions of civil procedure law, which set the appeal brief submission period at 40 days from the receipt of the appeal record notification and stipulate that the appellate court must dismiss the appeal if the brief is not submitted within that time, infringe upon the right to a fair trial and the right to equality. Consequently, on June 19, it filed a constitutional complaint seeking the cancellation of the ruling in question.
The case regarding the appeal brief submission period has already seen three similar cases pass preliminary review and is currently under consideration by the full bench.
Meanwhile, since the implementation of the constitutional appeal process on March 12, a total of 1,215 cases have been filed as of the previous day, with ten cases referred to the full bench.
On June 30, the Constitutional Court convened a designated panel of three justices to discuss a case involving Company A, which operates in the e-commerce retail brokerage sector, regarding the cancellation of a ruling.
Company A claimed that former employee B violated a confidentiality agreement that included non-disclosure and non-compete clauses. Despite this, Company A lost the first trial on December 19 of last year. The company received the judgment on December 22 and filed an appeal on December 29.
The Suwon District Court, which handled the appeal, notified Company A's legal representative of the appeal record on January 16. The notice reached Company A on January 24 at around midnight. However, Company A submitted its appeal brief 40 days later, on March 5, which the court rejected, stating that the submission period had expired according to civil procedure law.
Company A filed a petition for a review of the ruling with the Supreme Court, but it was dismissed for lack of grounds.
Company A argued that the provisions of civil procedure law, which set the appeal brief submission period at 40 days from the receipt of the appeal record notification and stipulate that the appellate court must dismiss the appeal if the brief is not submitted within that time, infringe upon the right to a fair trial and the right to equality. Consequently, on June 19, it filed a constitutional complaint seeking the cancellation of the ruling in question.
The case regarding the appeal brief submission period has already seen three similar cases pass preliminary review and is currently under consideration by the full bench.
Meanwhile, since the implementation of the constitutional appeal process on March 12, a total of 1,215 cases have been filed as of the previous day, with ten cases referred to the full bench.
* This article has been translated by AI.
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