1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

After the Plaintiff was newly appointed as a middle school teacher on March 1, 1987, from March 1, 2016 to February 28, 2017, the Plaintiff was a public educational official who served as the principal of Cmiddle School from March 1, 2016 to February 28, 2017, from March 12, 2017, and was subject to disciplinary action for salary reduction three months on July 12, 2017, following the Defendant’s violation of the Act on Prohibition of Discrimination against Persons with Disabilities and Remedies for Infringement of Rights, Etc.

B. Accordingly, the Plaintiff filed a lawsuit seeking the revocation of the disciplinary action in the above salary reduction as Busan District Court 2018Guhap20147, but on August 23, 2018, the Plaintiff was sentenced to dismissal judgment from the first instance court, which was dismissed, and filed an appeal under Busan High Court 2018Nu22883, but on April 17, 2019, the Plaintiff was also sentenced to the appellate court’s dismissal judgment (hereinafter “the appellate court’s dismissal judgment”).

C. On April 18, 2019, the Plaintiff served a certified copy of the judgment subject to a retrial, and thereafter filed an appeal with Supreme Court Decision 2019Du40758 Decided August 30, 2019. However, on August 30, 2019, the Plaintiff was sentenced by the Supreme Court to a final judgment of dismissal of the Supreme Court, and the said judgment subject to a retrial became final and conclusive upon being served on the Plaintiff on September 10, 2019 by serving the certified copy of the judgment dismissing the final judgment

2. Determination on the legitimacy of the litigation for retrial of this case

A. The gist of the Plaintiff’s assertion was omitted in the judgment subject to a retrial, and thus, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

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