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

"When any judgment is omitted with respect to important matters that may affect the judgment" under Article 451 (1) 9 of the Civil Procedure Act, which applies mutatis mutandis under Article 8 (2) of the Administrative Litigation Act, means an attack and defense submitted by a party in a lawsuit, and whose judgment is not clearly indicated in the reasoning of the judgment.

Therefore, as long as a judgment has been rendered, even if the grounds leading to such judgment are not specified in detail or the grounds for rejecting the allegations by the parties are not individually explained, such judgment does not constitute omission of judgment as referred to in the above legal provisions (see, e.g., Supreme Court Decision 2011Du100, Dec. 8, 2011). Examining the grounds for a judgment subject to a retrial in light of the above legal principles, the purport of rejecting the assertion that the Plaintiff was omitted from such judgment can be deemed to include the purport of rejecting the allegation that the judgment was omitted, and therefore, there is no omission of judgment, which is a ground for retrial

Therefore, the retrial costs are 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.