The litigation costs for retrial shall be borne by the defendant.

Article 451(2) of the Civil Procedure Act provides, “A lawsuit may be brought in a retrial only when a judgment of conviction or a judgment on the imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment on conviction or the imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence in the case of subparagraphs 4 through 7 of paragraph (1)”

Therefore, in order to claim the grounds for a retrial under Article 451(1)4 through 7 of the Civil Procedure Act, the grounds for a retrial should also be asserted and proved along with the fulfillment of the requirements under Article 451(2) of the Civil Procedure Act.

Where a ground for retrial under Article 451(1)4 through 7 of the Civil Procedure Act is asserted without satisfying the requirements, the lawsuit for retrial is unlawful.

(See Supreme Court Decision 2016Da873 Decided August 29, 2016). Defendant (Re-Appellant) asserts that there was a ground for retrial under Article 451(1)5 of the Civil Procedure Act (when a person was led to confession, or was obstructed in submitting the means of attack and defense, due to another person’s act subject to criminal punishment) in the judgment subject to retrial, since it was obstructed in submitting the means of attack and defense by deception by the Plaintiff (Re-Appellant).

However, in relation to the above alleged facts, the judgment of conviction or the judgment of imposition of fine was finally affirmed.

Since there is no evidence to prove that a final judgment of conviction or a final judgment of imposition of a fine for negligence was impossible for reasons other than lack of evidence, the lawsuit in this case is unlawful.

Therefore, the litigation for retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.