변상금부과처분취소
1. All lawsuits filed by the Plaintiff (Plaintiffs) for a retrial based on the grounds for retrial under Article 451(1)6 of the Civil Procedure Act.
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
On May 8, 2013, the Plaintiffs filed a lawsuit with the Seoul Administrative Court against the Republic of Korea seeking revocation of the imposition of indemnity amounting to KRW 35,551,630 (hereinafter “instant disposition”). On April 9, 2014, the said court rendered a judgment dismissing the claim (hereinafter “the first instance judgment”).
B. The Plaintiffs appealed against the judgment of the first instance. In the appellate court, the Defendant was corrected by the Defendant in the Republic of Korea, and the Seoul High Court rendered a decision to dismiss the claim (Supreme Court Decision 2014Nu49059 Decided November 28, 2014; hereinafter “Supreme Court Decision on Review”) upon Defendant’s correction.
C. The Plaintiffs appealed against the judgment subject to a retrial, and the Supreme Court dismissed the final appeal on April 9, 2015 (Supreme Court Decision 2014Du49059). Around that time, the judgment subject to a retrial became final and conclusive.
2. Since the plaintiffs' assertion that an original judgment is subject to a retrial is a forged document, if the original judgment falls under any of the following subparagraphs, Article 451 (1) 6 of the Civil Procedure Act (Grounds for Retrial) may file a lawsuit for retrial on the final judgment.
Provided, That this shall not apply in case where the parties have asserted the grounds by an appeal or have known them to the public.
6. There are grounds for retrial when documents or any other articles used as evidence for the judgment have been forged or altered.
In addition, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act, which states that “when a judgment is omitted on important matters that may affect a judgment,” as the judgment subject to retrial is omitted.
3. Determination on the grounds for retrial
A. Article 451 of the Civil Procedure Act, which applies mutatis mutandis to an administrative litigation under Article 8(2) of the Administrative Litigation Act, is a ground for retrial under Article 451(1)6 of the Civil Procedure Act.