1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Article 32(3) of the Constitution of the Republic of Korea Article 32(3) of the Constitution of the Republic of Korea provides that the standards for working conditions under Article 32(3) of the Constitution of the Republic of Korea shall be set by law that guarantees the dignity of human beings.

Although asserting that the decision subject to a review was unconstitutional in violation of B, it only cited the judgment of the first instance, but omitted the judgment.

Therefore, Article 8(2) of the Administrative Litigation Act, Article 451(1)9 of the Civil Procedure Act, Article 8 of the Administrative Litigation Act, Article 8 of the Administrative Litigation Act, and Article 451(1)9 of the Civil Procedure Act, except as otherwise provided for in this Act,

Article 451 (1) of the Civil Procedure Act may file a lawsuit for retrial on a final judgment that has become final and conclusive, in any of the following cases:

Provided, That this shall not apply in case where the parties have asserted the grounds by an appeal or have known them to the public.

9. There are prescribed grounds for retrial when the judgment was omitted on important matters affecting the conclusion of the judgment.

2. Determination

A. If an original copy of the judgment is served on the litigant, barring any special circumstance, the litigant should be deemed to have known of the omission of the judgment at the time of being served with the original copy of the judgment.

In addition, according to the proviso of Article 451(1) of the Civil Procedure Act, which applies mutatis mutandis under Article 8(2) of the Administrative Litigation Act, if a party asserts or does not know the grounds for a retrial by an appeal, it shall not be permitted to institute a lawsuit for retrial. Here, “when the party does not know the grounds for a retrial” includes not only the case where an appeal was filed despite the knowledge that there was a ground for a retrial, but also the case where the judgment becomes final and conclusive because the appeal was not filed.