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(영문) 대전고등법원 2019.04.11 2018재누57
감봉1개월처분취소
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. The following facts are apparent in the course of the confirmation of the judgment subject to a retrial and the process of the instant petition for retrial.

On December 19, 2012, the Defendant rendered a disposition of reduction of salary for one month against the Plaintiff on the ground that the Plaintiff violated the duty of good faith under Article 48 of the Local Public Officials Act.

B. On April 9, 2013, the Plaintiff filed a lawsuit seeking revocation of the instant disciplinary action against the Defendant as Daejeon District Court 2013Guhap1333, but the said court rendered “the first instance judgment,” which dismissed the Plaintiff’s claim on September 25, 2013, and each of the Plaintiff’s appeal and appeal was dismissed (Seoul High Court 2013Nu3274, Supreme Court 2014Du35324, April 28, 2014).

C. 1) On May 20, 2014, the Plaintiff filed a lawsuit for retrial (the first lawsuit for retrial) under the court 2014Nu97 on the grounds that there were grounds for a retrial under Article 451(1)9 (Omission of Judgment) of the Civil Procedure Act with respect to the appellate judgment stated in the foregoing Paragraph (b) on the grounds that there exist grounds for retrial under Article 451(1)9 (the first lawsuit for retrial). The court rendered a ruling dismissing the lawsuit for retrial on May 28, 2015 by applying the proviso to Article 451(1) of the Civil Procedure Act and Article 456(1) of the same Act. The Plaintiff became final and conclusive on June 3, 2015.

As to the appellate judgment stated in paragraph (1) 9 of Article 451 of the Civil Procedure Act, there exist grounds for retrial under Article 451(1)9 of the Civil Procedure Act, and the appellate court filed a lawsuit for retrial (the second retrial lawsuit) with this court 2015Nu25. This court rendered a ruling dismissing a lawsuit for retrial on April 25, 2016 due to the reasons, etc. stated in the judgment regarding the first retrial lawsuit. The judgment became final and conclusive on May 12, 2016.

After that, the plaintiff filed a new suit in the third, fourth, and fifth new suit in this court as follows. This court rendered a ruling dismissing each suit in the new suit, and the judgments became final and conclusive.

On September 4, 2016, Articles 451(1)1 and 451(1)9 of the Act No. 2016Nu532, Sept. 4, 2016, 3rd 2016Nu451(1)9 of the Act on the grounds for asserting the judgment subject to a review by case number (Civil Procedure) (Supreme Court Decision 2016Nu4620, Sept. 1, 2016).

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