The action for retrial shall be dismissed.

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

The grounds for request for retrial shall be examined.

Inasmuch as a lawsuit on a final judgment is permitted only when there exist the grounds stipulated in each subparagraph of Article 451 of the Civil Procedure Act, a lawsuit on a retrial shall be deemed unlawful if it does not fall under such grounds. The grounds for the request for retrial of this case are merely erroneous in the misunderstanding of legal principles as to “the period of filing a lawsuit” and “the period of employment” with respect to the judgment subject to retrial, and thus does not fall under any of the above provisions.

Therefore, the litigation for retrial is dismissed, 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.