Cases
2014Redu 408 Invalidity of the adjustment of the ecological and natural map rating
Plaintiff (Reexamination Plaintiff)
A
Defendant (Re-Defendant)
1. The Minister of Environment;
2. The Central Administrative Appeals Commission (the Prime Minister before its amendment);
Judgment Subject to Judgment
Supreme Court Decision 2014Du118 Decided August 28, 2014
Imposition of Judgment
November 13, 2014
Text
The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
A lawsuit for retrial against a judgment on an administrative case may be brought only when there is any ground prescribed in the subparagraphs of Article 451(1) of the Civil Procedure Act which is applicable mutatis mutandis by Article 8(2) of the Administrative Litigation Act.
However, the ground alleged by the plaintiff (the plaintiff) as the ground for retrial is merely erroneous in the contents of the judgment of the judgment of the retrial, and thus does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and the lawsuit of this case is unlawful. Therefore, the lawsuit of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition
Judges
Justices Kim In-bok
Chief Justice Min Il-young
Justices Park Young-young
Justices Kim Jong-il