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

Article 451(2) of the Civil Procedure Act provides that “In the case of Article 451(1)4 through 7 of the Civil Procedure Act, a suit for retrial may be instituted only when a judgment of conviction or a judgment on imposition of a fine for negligence becomes final and conclusive, or when a final and conclusive judgment of conviction or a final judgment on imposition of a fine for lack of evidence is impossible, for reasons other than lack of evidence.” In order to claim grounds for retrial under Article 451(1)4 of the Civil Procedure Act, a suit for retrial must be presented along with the fact that the requirements under Article 451(2) of the Civil Procedure Act have been satisfied, in addition to such grounds for retrial. Without the absence of the requirements under Article 451(2) of the Civil Procedure Act, a suit for retrial that asserts grounds for retrial under Article 451(1)4 of the Civil Procedure Act is unlawful, and such a suit for

(See Supreme Court Decision 2006Da14462 Decided September 14, 2006). Examining the record, there was a final and conclusive judgment of conviction in relation to the fact that the judge involved in the trial of the instant case committed a crime relating to his duties with respect to the said case.

There is no evidence to acknowledge that a final judgment of conviction could not be rendered for reasons other than lack of evidence, and thus the lawsuit of this case, which constitutes grounds for retrial under Article 451(1)4 of the Civil Procedure Act, is unlawful.

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