Article 422(1)9 of the Civil Procedure Act provides that "when a judgment is omitted on important matters that may affect the judgment," the meaning of "when a judgment is omitted."

Article 422 (1) 9 of the Civil Procedure Act provides that "when a judgment on important matters that may affect the judgment has been omitted" refers to cases where a judgment has not been made among the reasons for the judgment concerning the matter that naturally affects the conclusion of the judgment by means of attack and defense which have been legitimately submitted by the parties in a lawsuit.

Article 422(1)9 of the Civil Procedure Act

Supreme Court Decision 83 Un2 delivered on October 8, 1985

Rook Industrial Company

The Minister of Construction and Transportation

Supreme Court Decision 83Nu658 Delivered on September 11, 1984

The retrial lawsuit is dismissed.

Litigation costs for retrial shall be borne by the plaintiff for retrial.

The grounds for retrial are examined.

Article 422 (1) 9 of the Civil Procedure Act, which applies mutatis mutandis by Article 8 of the Administrative Litigation Act, provides that "when a party evades a judgment on important matters that may affect the judgment," refers to cases where the party does not make a judgment among the reasons for the judgment on the matters that naturally affect the conclusion of the judgment by means of an attack and defense that is legitimately submitted in a lawsuit. When examining the judgment subject to a retrial by comparing it with the reasons for the appeal, it is obvious that the judgment subject to a retrial clearly states the judgment on the whole of the grounds for appeal, and therefore, it cannot be said that there is an error of law by disregarding

Therefore, a lawsuit for retrial shall be dismissed without merit, and the costs of the lawsuit for retrial shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-dong (Presiding Justice)