1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent in court records: (a) the judgment subject to review becomes final and conclusive.

On January 9, 2015, the Plaintiff filed a lawsuit against the Defendant (hereinafter referred to as the “Defendant”) seeking the revocation of the decision on the relief of unfair dismissal as stated in the claim in the Daejeon District Court.

B. On November 12, 2015, the Daejeon District Court rendered a judgment dismissing the Plaintiff’s claim ( Daejeon District Court 2015Guhap10074).

The plaintiff filed an appeal against the judgment.

C. On June 30, 2016, this Court rendered a judgment dismissing the Plaintiff’s appeal (Seoul High Court 2015Nu13701).

The plaintiff filed an appeal against the judgment. D.

On October 27, 2016, the Supreme Court rendered a decision to dismiss the plaintiff's appeal (2016du45516).

Accordingly, the judgment subject to review became final and conclusive.

2. Whether there are grounds for retrial

A. The gist of the Plaintiff’s assertion is that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, since it omitted determination on whether there is a defect in the disciplinary procedure, whether there is a ground for disposition, and

B. 1) Determination 1) The phrase “when a party has failed to make a decision on important matters that could affect the judgment”, which are grounds for retrial under Article 422(1)9 of the Civil Procedure Act, refers to cases where a party’s act of attack and defense, which are submitted in a lawsuit, does not clearly state the decision in the reasoning of the judgment. As long as a judgment exists, even if the reasons leading to the judgment are not clearly explained or the grounds for rejecting the party’s assertion are not individually explained, it shall not be deemed as a deviation from the determination

(See Supreme Court Decision 200Da193 delivered on July 6, 2000, etc.). Furthermore, the judgment subject to a retrial is a defect in the disciplinary procedure asserted by the Plaintiff, whether there exists a reason for disposition, and whether there exists a reason for disposition.