1. The lawsuit of this case shall be dismissed.

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

1. The plaintiff (the plaintiff, hereinafter referred to as "the plaintiff") asserts two grounds for retrial as follows. A. The plaintiff (the plaintiff, hereinafter referred to as "the plaintiff") asserts two grounds for retrial.

Since a ruling by the Industrial Accident Compensation Insurance Reexamination Committee is null and void on the ground of a formal procedural and content defect, there is a ground for retrial under Article 452(1)8 of the Civil Procedure Act - when a judgment subject to a retrial premised on an invalid judgment has been changed by a different judgment or administrative disposition, which serves as the basis of a judgment, such as a civil or criminal judgment, or any other judgment or administrative disposition.

B. The judgment subject to a retrial was not only premised on the judgment of the Industrial Accident Compensation Insurance Reexamination Committee, but also on the premise that the subject matter of the claim is not specified in the purport, and omitted judgment on the assertion or evidence.

Therefore, there is a reason for retrial under Article 452(1)9 of the Civil Procedure Act - When there is omission of judgment on important matters that may affect the judgment.

2. Determination

A. According to Article 456(1) and (2) of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, a lawsuit for retrial shall be instituted within a peremptory period of 30 days from the date when the party becomes aware of the grounds for

B. As to whether the instant lawsuit complies with the filing period of the instant lawsuit based on the foregoing provision, it was served on the Plaintiff on November 2, 2017, and the Plaintiff appealed against the judgment subject to a retrial on November 9, 2017. However, on November 29, 2017, the lower court issued an order to dismiss the petition of appeal on November 29, 2017, and the fact that the judgment subject to a retrial became final and conclusive on December 12, 2017 is significant in this court. The Plaintiff was served with the original copy of the instant judgment subject to a retrial, and the Plaintiff was aware of both grounds for

See, on April 4, 2019, the second pleading protocol, etc. Therefore, the instant lawsuit for retrial was filed around November 2, 2017 where the Plaintiff became aware of the grounds for retrial.