해고무효확인
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Determination on the legitimacy of the retrial of this case
A. The gist of the Plaintiff’s assertion is that in the instant disciplinary action, the grounds for disciplinary action are not recognized, and it is unreasonable to determine that in the instant judgment subject to a disciplinary action, the grounds for disciplinary action are recognized and cannot be deemed as abuse of discretion. Accordingly, the Plaintiff asserts that the grounds for retrial under Article 451(1)9 of the Civil Procedure Act constitute grounds for retrial.
B. A lawsuit for retrial shall be brought within 30 days from the date the relevant party becomes aware of the grounds for retrial after the judgment became final and conclusive.
(Article 456(1) of the Civil Procedure Act. On the other hand, a lawsuit for retrial may not be brought unless the parties have asserted the grounds by an appeal, or fail to assert it with the knowledge of such grounds.
(1) Article 451(1)9 of the Civil Procedure Act provides that “When any judgment is omitted on important matters that may affect a judgment,” as one of the grounds for retrial.
However, in light of the proviso of Article 451(1) of the Civil Procedure Act, a lawsuit for a retrial cannot be filed against the final judgment that became final and conclusive on the grounds alleged as the grounds for final appeal, and on the other hand, barring any special circumstance, whether a judgment was omitted or omitted may be known at the time of being served with the original copy of the judgment, and thus, it cannot be brought a lawsuit for a retrial because the omission in judgment was not known as the grounds for final appeal. Thus, barring any special circumstance, the grounds for a retrial under Article 451(1)9 of the Civil Procedure Act does not constitute a legitimate ground for final appeal, regardless of whether the grounds for final appeal asserted as the grounds for final appeal in the final appeal, and in light of the purport of the proviso of Article 451(1) of the Civil Procedure Act, which