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(영문) 서울행정법원 2017.11.30 2016재구합159
재심결정처분취소
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

Reasons

1. The following facts are significant in this Court:

On June 7, 2012, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the decision of dismissal of the application for compensation against a person who performed a special military mission who performed a special military mission (Seoul Administrative Court 2012Guhap32307), but on August 14, 2013, the court of first instance rendered a judgment dismissing the Plaintiff’s claim.

Although the plaintiff appealed against this, the appellate court declared that the appellate court dismissed the appeal on November 15, 2013.

(Seoul High Court 2013Nu25872). (b)

The Supreme Court rendered a decision to dismiss the appeal on March 13, 2014 (Supreme Court Decision 2013Du26200). On March 19, 2014, the above judgment of the appellate court became final and conclusive as it became final and conclusive upon being served on the Plaintiff on March 19, 2014.

2. Existence of grounds for retrial

A. A lawsuit on a retrial on a final and conclusive judgment shall be permitted only when there exist grounds for retrial stipulated under the subparagraphs of Article 451(1) of the Civil Procedure Act. Thus, if the grounds for a retrial do not constitute such grounds, the lawsuit on retrial is unlawful.

(See Supreme Court Decision 96Da31307 delivered on October 25, 1996, etc.). B.

The judgment of the first instance court, which dismissed the plaintiff's claim as a person eligible for compensation to a person who performed a special military mission, submitted the documents prepared by the plaintiff, the defendant's decision of dismissal of compensation, the certificate of military career, etc. by asserting that a request for retrial should be revoked with new materials. The above ground does not constitute any ground for retrial under Article 451 (1) of the Civil Procedure Act applied mutatis mutandis under Article 8

(On the other hand, according to Article 451(3) of the Civil Procedure Act, in a case where an appellate court rendered a judgment on the merits of the case, a lawsuit for retrial against the judgment of the court of first instance may not be brought.

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