Main Issues

The assertion of the grounds for retrial and the judgment of the appellate court

Summary of Judgment

The meaning of the former part of paragraph (2) of this Article is that the existence of a final and conclusive judgment of conviction or a fine for negligence becomes grounds for retrial in itself, and whether there was a clear fact as to the contents of the final and conclusive judgment of conviction, etc. can be freely determined by the retrial court without recourse to the conviction judgment, etc. (2) The meaning of the latter part of paragraph (2) can be determined by the retrial court in a case where it is certain that there was a crime, but it is not reasonable to prove that there was no evidence, and it is not possible to obtain a final and conclusive judgment of conviction

[Reference Provisions]

Article 422 of the Civil Procedure Act

Appellant, Appellant

Type 1

Reopening Defendant-Appellee

Jeonju Petroleum Co., Ltd and one other

The court below

Gwangju High Court Decision 64Na2 delivered on November 3, 1964

Text

The appeal is dismissed.

Reasons

The summary of the judgment of the court of final appeal is that if the plaintiff's representative did not prove the grounds for final appeal as to the second instance of the court of final appeal, it shall be decided to permit the retrial, and if the plaintiff's representative did not obtain conviction because he was decided not to institute a prosecution by general amnesty, it would be grounds for final appeal. The court of final appeal did not err in the misapprehension of legal principles as to the grounds for final appeal and determination as to the facts alleged in the plaintiff. According to Article 422 (2) of the Civil Procedure Act, in the case of subparagraphs 4 through 7 of Article 422 (1) of the Civil Procedure Act, the court of final judgment of conviction or an administrative fine as to the acts subject to punishment as grounds for final appeal cannot be seen as a legitimate ground for final appeal, regardless of the final judgment of conviction or final judgment of an administrative fine as to the acts subject to punishment, and the court of final judgment as to the non-party 2's grounds for final appeal cannot be seen as a legitimate ground for final appeal that the non-party 1's final judgment or final judgment of final judgment was unlawful (i.