Article 422(2) of the Civil Procedure Act provides that "it was impossible to obtain a final judgment of conviction for reasons other than defects in evidence" shall bear the burden of proof as to the reasons.

When a document or any other article forged or altered is considered grounds for retrial, in case where a final judgment of conviction against forgery or alteration is impossible due to reasons other than the defect of evidence, the claimant may obtain a final judgment of conviction against forgery or alteration if there is no reason other than the defect of evidence.

Article 14 of the Administrative Litigation Act, Article 422(2), 422(1)6, and 187 of the Civil Procedure Act

[Defendant-Appellee] Plaintiff 1 et al.

The Minister of Health and Welfare

Seoul High Court Decision 83No4 delivered on November 13, 1984

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

When the document and other articles were forged or altered as grounds for retrial, if it is impossible to obtain a final judgment of conviction on forgery or alteration for reasons other than the defect of evidence, it is necessary to prove the fact that there was no reason other than the defect of evidence, in the absence of a final judgment of conviction on forgery or alteration, it would be possible for the claimant to obtain a final judgment of conviction on forgery or alteration. However, even according to the record, even if the record, it cannot be recognized that forgery or alteration was made.

The court below held that there is no evidence to acknowledge that a final judgment of conviction cannot be obtained due to reasons other than the defects in evidence. Since the court below's judgment contains the fact that it is difficult to recognize the forgery or alteration of the theory of lawsuit, it cannot be said that there is an error of omission of judgment or incomplete hearing like the theory of lawsuit. All arguments are groundless.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)