Requirements for application for quasi-examination of the final decision

An application for quasi-deliberation of the final and conclusive decision of the Supreme Court is unlawful in a case where it is permitted only when there exist the reasons stipulated in Article 422 of the Civil Procedure Act pursuant to Article 431 of the same Act.

Article 431 of the Civil Procedure Act

Supreme Court Decision 82Da14 delivered on September 14, 1982, 83Da22 delivered on March 27, 1984

Quasi-Review Applicant

Supreme Court Order 85Hun-Ga31 Decided January 23, 1986

An application for quasi-examination shall be dismissed.

ex officio, the quasi-examination application of this case is legitimate.

The summary of the grounds for the application for quasi-examination of this case is that the first and second judgments of the court of first instance on the merits of this case have reached the application for quasi-examination of this case to seek its revocation, since there is an illegal cause under Article 422 (1) 6 through 9 of the Civil Procedure Act.

However, an application for quasi-deliberation on a final and conclusive decision of the Supreme Court is permitted only when there are grounds stipulated in Article 422 of the Civil Procedure Act pursuant to Article 431 of the same Act. Thus, if an applicant’s assertion does not constitute such grounds, the application shall be deemed unlawful. (See, e.g., Supreme Court Decisions 83Da22, Mar. 27, 1984; 82Da14, Sept. 14, 1982) of the applicant’s ground for the above application cannot be deemed as a ground for quasi-examination, and it cannot be deemed as unlawful.

Therefore, it is so decided as per Disposition by the assent of all participating judges who reject the application for quasi-examination.

Justices Lee Lee-hee (Presiding Justice)