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Case Number of the immediately preceding lawsuit
Supreme Court-2014-Du-1635 ( May 2, 2014)
Title
A decision for a retrial that dismissed a final appeal due to a lack of deliberation shall not be subject to omission in judgment on the grounds of appeal.
Summary
A decision for a retrial that dismissed a final appeal due to a lack of deliberation shall not be subject to omission in judgment on the grounds of appeal.
Related statutes
Article 451 of the Civil Procedure Act
Cases
Supreme Court Decision 2017Du287
Plaintiff-Appellant
OO
Defendant-Appellee
O Head of tax office
Judgment of the lower court
Supreme Court Decision 2017Du1635 ( May 2, 2014)
Text
The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
The grounds for request for retrial shall be examined.
The gist of the grounds for the request for retrial of this case lies in the grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment), which is applicable mutatis mutandis by Article 8(2) of the Administrative Litigation Act.
However, there cannot be any omission in determination of the grounds for appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation. Thus, this cannot be deemed grounds for retrial under Article 451(1)9 of the Civil Procedure Act (see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996).
Therefore, the retrial of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.