재심소송에 있어서 재심사유에 관한 고찰

A retrial shall be instituted by filing the petition for retrial with competent court for retrial. Matters falling under each of the following subparagraphs shall be entered in the petition for retrial : ① Parties and their legal representatives, ② Indication of a judgment subject to a retrial, and the purport of requesting a retrial against such a judgment, ③ Grounds for retrial (Article 458 of the Civil Procedure Act). Grounds for retrial may serve as the grounds for a retrial which a petition for a retrial against the final judgment which has become conclusive. A petition for a retrial against the final judgment which has become conclusive may be made when falling under any one of paragraph (1) 1 through 11 in Article 451. The first, author’s opinion is which each grounds for retrial in Litigation Procedures for Retrial is ‘special requirement’ required for a lawsuit. So, if deemed that there is not exist a ground for retrial, the court shall dismissal of a retrial case. The second, In the case of paragraph (1) 4 through 7, a lawsuit of retrial may be instituted only when a conviction or a judgment to impose a fine for negligence has become final and conclusive against the punishable acts, or when it is impossible to render a final and conclusive conviction or a final and conclusive judgment to impose a fine for negligence, on account of other grounds than the lack of evidence(Article 451(2)). So, if deemed that there is not exist when a conviction or a judgment to impose a fine for negligence has become final and conclusive against the punishable acts, or when it is impossible to render a final and conclusive conviction or a final and conclusive judgment to impose a fine for negligence, on account of other grounds than the lack of evidence, the court shall dismissal of a retrial case.