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(영문) 서울고등법원 2015.01.14 2014재누152
정직처분취소등
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

According to the record of confirmation of the judgment subject to review, the following facts are recognized:

On April 4, 2013, the Defendant (hereinafter “Defendant”) took a three-month disciplinary measure against the Plaintiff on grounds that the Plaintiff violated the duty to maintain good faith under Article 56 of the State Public Officials Act and Article 63 of the State Public Officials Act (hereinafter “instant measure”).

As to this, the plaintiff (hereinafter "the plaintiff") filed a lawsuit seeking invalidation or revocation of the disposition of this case (Seoul Administrative Court 2013Guhap16586), but ruled against the plaintiff, which was sentenced to dismissal of appeal in the appellate court (Seoul High Court 2013Nu48745) (hereinafter "the judgment on retrial") and the final appeal (Supreme Court 2014Du35843) (hereinafter "the judgment on retrial") were dismissed and the judgment on retrial became final and conclusive.

The Plaintiff’s assertion as to the legitimacy of a retrial suit is a new evidence that is contrary to the judgment subject to a retrial, and there exist grounds for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial.

In addition, there are parts omitted due to the incomplete hearing.

First of all, the plaintiff asserts the grounds for a retrial under Article 451 (1) 6 of the Civil Procedure Act, and therefore, he saw this.

Article 451(1)6 of the Civil Procedure Act, which applies mutatis mutandis under Article 8(2) of the Administrative Litigation Act, provides that “when documents and other articles used as evidence of the judgment have been forged or altered,” shall be grounds for retrial. Article 451(2) of the Civil Procedure Act provides that “If a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive for the act subject to punishment in cases falling under subparagraphs 4 through 7 of paragraph (1), or if a final and conclusive judgment of conviction or a judgment of imposition of a fine for negligence is impossible for reasons other

As such, the grounds for retrial under Article 451(1)6 of the Civil Procedure Act are as follows.

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