A case which does not constitute a case where a lawsuit for retrial may not be brought without a final and conclusive judgment of conviction for reasons other than lack of evidence pursuant to Article 422(2) of the Civil Procedure Act

In principle, the grounds for retrial for the reason that the document as evidence of the final judgment has been forged shall be limited to the case where a final and conclusive judgment of conviction has been rendered for such crime: Provided, That in the event that there was an institution of a public prosecution and a final and conclusive judgment of conviction has been rendered as a matter of course unless there exist any special reasons, a retrial may be instituted without a final and conclusive judgment only when it is impossible to obtain a final and conclusive judgment of conviction due to the death of the

Article 422(2) of the Civil Procedure Act

Jink Road

Minister of Commerce and Energy

Seoul High Court Decision 61Na5 delivered on November 27, 1962

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal Nos. 1 and 2 by the plaintiff-appellant are examined.

The gist of the issue is that the court below determined that the evidence of No. 1, No. 2, and No. 3 was insufficient to recognize the facts that the evidence of No. 1-1, No. 2-2, No. 2-3 and No. 3-1, No. 3-2 were forged, despite the fact that the above evidence No. 1-1, No. 1-2, No. 1-2, and No. 3-2, the court below erred in violation of the rules of evidence, and that the facts of forgery No. 1 were known after the expiration of the statute of limitations, and therefore, it did not take measures to obtain a final judgment of conviction or a final judgment of a fine for negligence as to the act subject to punishment under Article 422(2) of the Civil Procedure Act, but in such a case, it should be deemed that there were no grounds for retrial, as long as there were no clear grounds for retrial to acknowledge the facts of forgery of the judgment and the grounds for retrial as a matter of principle, it should be interpreted that there were no grounds for retrial in the final judgment.

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

Supreme Court Judge Cho Jin-man (Presiding Judge) of the Supreme Court Decision 2010Hun-Ma880 delivered on April 1, 201