Whether a denial of judgment as to an ex officio investigation which was not asserted by the parties constitutes grounds for retrial under Article 422(1)9 of the Civil Procedure Act (negative)

Article 422 (1) 9 of the Civil Procedure Act provides that an ex officio investigation is not a matter that may affect the judgment, but it does not constitute a ground for retrial under the above Article 422 (1) 9 of the Civil Procedure Act even though the party did not determine the ex officio investigation that was asserted by or did not urge the investigation.

Article 422(1)9 of the Civil Procedure Act

Supreme Court Decision 70Da2913 delivered on February 23, 1971, 78Da1027 Delivered on August 22, 1978

Quasi-Review Applicant

Supreme Court Order 82Ma652 Dated October 13, 1982

An application for quasi-examination shall be dismissed.

A decision subject to quasi-examination shall be revoked, and a new trial shall be sought.

The summary of the reasons for the application for quasi-examination of this case is that there is a defect in the decision on the important grounds for reappeal that affected the conclusion of the decision and the matters to be investigated ex officio.

However, examining the reasoning of the decision subject to review in light of the records, since the decision subject to review is legally judged not to fall under any of the subparagraphs of Articles 13 and 11(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings against Re-Appellants, it is not reasonable to view that the decision subject to review has neglected the decision on the grounds for reappeal

In addition, Article 422 (1) 9 of the Civil Procedure Act provides that "important matters that may affect the judgment is not a matter to be examined ex officio, but even if the parties asserted or did not urge the investigation, it does not constitute grounds for a retrial under the above provision of the Civil Procedure Act, it is the case of party members (see Supreme Court Decision 70Da2913, Feb. 23, 1971; Supreme Court Decision 78Da1027, Aug. 22, 1978; Supreme Court Decision 78Da1027, Aug. 22, 1978; Supreme Court Decision 78Da1027, Aug. 22, 1978).

As a result, the application for quasi-examination of this case is not recognized as a ground for retrial, and thus, it is inappropriate to dismiss it. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Lee Sung-soo (Presiding Justice)