The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

The grounds for request for retrial shall be examined.

The plaintiff (the plaintiff) asserts that there is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the decision was omitted on important matters that may affect the judgment) in the decision subject to a retrial.

However, there is no omission of determination as to the grounds of appeal in the judgment subject to a final appeal, on the ground that the argument on the grounds of appeal constitutes a ground for non-judicial review under the Special Act on

(See Supreme Court Decision 95Nu176 delivered on February 13, 1996, etc.). Therefore, the request for retrial is dismissed upon the assent of all participating Justices, 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.