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(영문) 대법원 2018.11.15 2018재두5098
재임용거부처분취소
Text

The request for retrial is dismissed.

The costs of re-adjudications are included in the part resulting from the supplementary participation.

Reasons

The grounds for request for retrial shall be examined.

In light of the records, it is difficult to recognize that the grounds for retrial under Article 451(1)6 (when documents and other articles used as evidence of the judgment have been forged or altered), Article 7 (when false statements by witnesses, appraisers, interpreters, or false statements by parties or legal representatives have become evidence of the judgment) and Article 8 (when civil or criminal judgments, and other judgments or administrative dispositions that serve as the basis of the judgment have been changed by different judgments or administrative dispositions) and Article 10 (when a final judgment that was rendered prior to the final judgment that was rendered prior to the filing of the retrial) of the Civil Procedure Act, which are applicable mutatis mutandis by Article 8(2) of the Administrative Litigation Act, exists in the judgment subject to a retrial.

In addition, there is no omission in determination of the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation. Thus, it cannot be viewed as the grounds of retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment

(2) The retrial of this case is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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