If the testimony adopted as the data for fact-finding by the fact-finding court is proved to be an perjury and thus convicted, a review of the judgment of the court of final appeal shall be

Even in a case where the testimony adopted as evidence for fact-finding by the fact-finding court is proved to be a perjury, and thus a conviction is found, the grounds for retrial against the judgment of the fact-finding court cannot be considered as a ground for retrial against the judgment of final appeal.

Article 422 of the Civil Procedure Act

Normal leaves

Gambling case

Supreme Court

The retrial suit is dismissed.

Litigation costs shall be borne by the defendants.

Judgment on the grounds for retrial by the defendants' attorney

In order to institute a new suit against the judgment of the court of final appeal, it shall be limited to the case where there are the grounds stipulated in Article 422 of the Civil Procedure Act in the litigation proceedings or the judgment of the court of final appeal. Thus, the court of final appeal shall not hold the position of fact-finding unless the matters of final appeal are subject to ex officio investigation, but it shall be limited to the judgment of the second court which is the fact-finding court, and the legitimacy of fact-finding, and the facts duly confirmed at the court of final appeal shall be bound by the court of final appeal. Thus, the judgment of the court of final appeal which is the subject of the new suit shall also be decided that the judgment of the court of final appeal adopted the testimony of the non-party to the lawsuit by the non-party to the lawsuit and directly fact-finding by the court of final appeal is not contrary to the rules of evidence. Thus, even if the testimony of the non-party adopted by the court of final appeal as fact-finding data is proved to be a perjury

Therefore, this case is without merit and dismissed. The costs of lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu