The litigation costs for retrial shall be borne by the plaintiff (the plaintiff in retrial).

The Plaintiff (hereinafter “Plaintiff”) asserts to the effect that the dismissal of a final appeal without determination as to the grounds for final appeal on the ground that the original judgment did not submit a written reason for final appeal even though the Plaintiff submitted a written reason for final appeal constitutes grounds for final appeal as prescribed by Article 451(1)9 of the Civil Procedure Act.

However, according to the records, even if the plaintiff received a notice of receipt of the record of appeal on April 7, 2020, the plaintiff submitted the reason of appeal to May 13, 2020 during the period of 20 days from the receipt of the notice of receipt of the record of appeal.

Therefore, Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, Article 51(1)9 of the Civil Procedure Act, which dismissed a final appeal pursuant to Article 5 of the Act on Special Cases Concerning the Procedure for Final Appeal on the Grounds that the Plaintiff’s petition for final appeal did not state the grounds for final appeal and did not submit a statement of reasons for final appeal within the period for submission of the statement of reasons for final appeal, there is room for review

subsection (b) of this section.

Therefore, the retrial costs are dismissed, and the losing party shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.