Main tasks and practical skills:
- Persons who have the right to protest on the basis of procedure for retrial shall be as the same as persons who have the right to protest on the basis of procedure for cassation review.
- Grounds for protesting against a legally enforceable judgment or decision of a court on the basis of a retrial procedure are as follows:
- Such grounds are provided in Article 305 of the CPC when there is fresh evidence found after the judgment or decision takes its legal effects.
- The above requires that “Such fresh evidence is previously unknown to the Court and litigants at the time when the Court renders the judgment or decision”, except for persons who themselves make the evidence. (For example: A person who makes themselves a piece of false evidence must know such evidence since they make it.)
- Time limit for a protest on the basis of procedure for retrial
- Time-limit for lodging a protest based on the procedure for a retrial shall be one year from the date on which the person who has the right to protest knows the ground for lodging a protest based on the procedure for a retrial.
- With respect to civil judgments and decisions that took effect prior to the date when the CPC took effect (1 January 2005) provisions on time limit for protesting on the basis of procedure for retrial of the procedural legal documents prior to that date should apply; specifically as follows:
+ With respect to a civil judgment or decision, or to a judgment or decision on marriage and family, time limit for a protest shall be three years, from the date when fresh evidence is found (which shall be meant that from the date when the person who has the right to protest knows such evidence). If the protest deems to harm no interests of the litigants, there shall be no time limit;
+ With respect to a judgment or decision on business or commerce, or an economic judgment or decision, time limit for a protest shall be one year, from the date when the judgment or decision takes legal effect;
+ With respect to a judgment or decision on labour, time limit for a protest shall be six months, from the date when the judgment or decision takes legal effect; if the protest deems to benefit the employees, the time limit shall be one year.
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