Administrative Litigation Act Article 273

Litigation for a rehearing may be initiated to challenge a final judgment in any of the following situations, except where the party's challenge has been asserted and dismissed in an appeal or the party has known the grounds for a challenge but decides not to assert it in an appeal:1. Where the application of law is manifestly erroneous;2. Where the reason for the judgment manifestly contradicts its holding;3. Where the court which rendered the judgment is not legally organized;4. Where a judge who should have recused himself or herself from the case, whether under law or in accordance with a judgment or ruling, has participated in adjudication;5. Where no agent or a representative legally represents a party to the litigation. However, if the party knows the defect regarding legal representation but decides not to raise this issue by the end of the oral argument, this subparagraph shall not apply.6. Where a party has misrepresented that he or she did not know where the opposing party shall be served with notice of the litigation when initiating the litigation. However, if the opposing party agrees to the legitimacy of the litigation procedure, this subparagraph shall not apply.7. Where a judge participating in deciding the case committed a criminal offense as a result of breaching his or her duties, the criminal offense was proven, or the judge was disciplined for the breach of his or her duties, and such breach of his or her duties was so serious as to affect the original judgment.8. Where a party's agent, representative, or administrator, or the opposing party, or the opposing party's agent, representative, or administrator engages in a criminally punishable act of any kind which affects the result of the original judgment;9. Where the evidence based on which the judgment was rendered was fabricated or altered;10. Where the witness, expert witness, interpreter, gave false statements in his or her testimony, expert testimony, or translation, based on which the judgment was rendered;11. Where the referenced civil or criminal judgment or ruling, or any other decision or administrative act, based on which the judgment was rendered, was amended or changed by a subsequent final decision or administrative act;12. Where a party discovers that the same claim has been disposed of by a prior final judgment, settlement, or mediation or that such judgment, settlement, or mediation may be available.13. Where a party discovers a piece of evidence which has not been considered, or which becomes available, on condition that taking into consideration such piece of evidence will result in a decision more favorable to such party; or14. Where the original judgement failed to take into consideration important evidence which will affect the judgment.Where the laws or regulations applied in a final judgment have been declared unconstitutional by the judgments rendered by the Constitutional Court, or where the opinions expressed when applying the law or regulations are inconsistent with the judgments or rulings rendered by the Constitutional Court that unify legal opinions, the applicant may initiate litigation for a rehearing.Litigation for a rehearing may be initiated in the circumstances provided for in Subparagraphs 7 to 10 of the preceding Paragraph only where the circumstance is proven by a final judgment or where the criminal or disciplinary proceedings cannot be initiated or continued due to reasons other than insufficient evidence.In the circumstance referred to in Subparagraph 13 of Paragraph 1, only when the fact that the party to the litigation cannot introduce tangible evidence is not caused intentionally or negligently by the party to the litigation may the party initiate the litigation for rehearing.