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.

If it is impossible to make a decision on the merits due to a defect in the requirements for the litigation for retrial, the litigation for retrial shall be dismissed as it is unlawful. In such a case, there is no judgment on the merits.

Even if a judgment is omitted with respect to a material fact that may affect the judgment, it shall not be deemed to constitute “when a judgment is omitted” under Article 451(1)9 of the Civil Procedure Act applied mutatis mutandis by Article 8 of the Administrative Litigation

(See Supreme Court Decision 94Nu32 delivered on November 8, 1994). According to the records, the court below rejected the plaintiff (the plaintiff)'s ground for a retrial on the ground that the ground for a retrial does not constitute a legitimate ground for retrial. Thus, according to the above legal principles, even if the decision for retrial did not make a judgment on the merits, it cannot be said that it omitted any judgment on important matters affecting the judgment. Thus, the argument on the ground for retrial under Article 451(1)9 of the Civil Procedure Act cannot be accepted.

Therefore, the retrial costs are 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.