All lawsuits for retrial shall be dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

A lawsuit for retrial shall be instituted within 30 days from the date the ground for retrial becomes known after the judgment becomes final and conclusive.

(1) Article 451(1)1 and 9 of the Civil Procedure Act provides that “The grounds for a retrial under Article 456(1) of the Civil Procedure Act, barring any special circumstance, shall be determined by the time when the original copy of the judgment was served, and thus, the existence of the grounds for a retrial was known as to whether the organization of the court of judgment was unlawful or whether the judgment was omitted,” barring any special circumstance. Therefore, the period for filing a retrial on the grounds for a retrial under Article 451(1)1 and 9 of the Civil Procedure Act

(See Supreme Court Decision 201Da14 Decided May 13, 201, and Supreme Court Decision 2007Da352 Decided April 24, 2008, etc.). In addition, in a case where there is an attorney, the party, barring any special circumstance, when the judgment was served on the attorney, shall be deemed to have known the existence or absence of the grounds for retrial. As such, the period allowed for filing a lawsuit for retrial shall run from the time when the attorney was served with the original copy of the judgment.

(2) Article 451(1)1 of the Civil Procedure Act provides that “When a judgment subject to a retrial has been omitted on important matters affecting a judgment” under Article 451(1)9 of the Civil Procedure Act and Article 451(1)1 of the same Act provides that “when a judgment subject to a retrial has not been constituted by law” and “when a judgment subject to a retrial does not constitute a court pursuant to law” and “when a judgment subject to a retrial does not constitute a court pursuant to law” and “when a judgment subject to a retrial has not been determined at least on the grounds that there is no violation of the rules of evidence or lack of sufficient deliberation,” the judgment subject to a retrial has grounds for a retrial under Article 451(1)9 of the same Act.