logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2019.11.07 2019재나27
교원지위확인등
Text

1. The plaintiff's petition for retrial is dismissed.

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

Reasons

1. Fictitious facts;

A. On October 19, 2012, the Plaintiff filed a lawsuit against the Defendant, 2012 Busan District Court 2012Gahap18871, and the Busan District Court rendered a judgment dismissing the Plaintiff’s claim on July 19, 2013.

B. The Plaintiff appealed with Busan High Court No. 2013Na6100, and the Busan High Court rendered a judgment dismissing the Plaintiff’s appeal on December 4, 2013.

(hereinafter referred to as the "case subject to review") c.

The Plaintiff appealed by Supreme Court Decision 2013Da97168, and the Supreme Court rendered a judgment of rejection of a trial on April 10, 2014, and the judgment subject to a trial became final and conclusive on April 14, 2014.

In Busan District Prosecutors' Office, the Plaintiff filed a complaint with the Prosecutor's Office that "G and N forged each contract-based teacher recruitment contract (No. 9-1 and No. 2) as evidence of the judgment subject to a retrial." The Prosecutor of Busan District Prosecutors' Office issued a non-prosecution disposition on February 28, 2019 on the ground that the statute of limitations expired for the suspected charge of forging the above private documents by G and N.

E. The Plaintiff, while filing a lawsuit for a retrial against the judgment subject to a retrial, may file a lawsuit for a retrial on the final judgment that became final and conclusive, if it falls under any of the following subparagraphs under Article 451(1)6 of the Civil Procedure Act (Grounds for Retrial).

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. When documents or any other article used as evidence for the judgment has been forged or altered. (2) In the case of paragraph (1) 4 through 7, a lawsuit for retrial may be instituted only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive for the act to be punished, or a final and conclusive judgment of conviction or a fine for negligence cannot be rendered for any reason

I asserts that there are grounds for retrial.

2. The judgment of the court of first instance is examined, G, N.

arrow