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PART VI RETRIAL PROCEEDINGS
Article 284
In cases where a third party whose rights are jeopardized by judgment which revoked or amended the original administrative disposition or decision was prevented from intervening in that litigation due to reasons not imputable to such third party, and thus was unable to present means of attack or defense which may have affected the result of the judgment, such third party may initiate a motion for retrial against that final judgment with binding effect.
A motion for retrial must be initiated within a peremptory period of thirty days after the date when the judgment with binding effect became known by such third party. Notwithstanding, a motion for retrial cannot be initiated after a period of one year has elapsed after the date when the judgment became binding.
Article 285
Paragraphs 1 and 2 of Article 275 concerning jurisdiction shall apply mutatis mutandis to a motion for retrial.
Article 286
A motion for retrial shall be initiated by submitting a complaint to the administrative court with jurisdiction specifying the following matters:
1. The party initiating the motion for retrial and both parties of the original litigation;
2. The case of which retrial is being sought, and a statement that a motion for retrial is initiated against such case;
3. The demand with regard to the extent to which the principal case should be adjudicated;
4. The ground for retrial and the evidence which supports such ground and proves observance of the peremptory period.
It is advisable that the pleading for a motion for retrial indicates the matters in preparation of oral argument of the principal case.
Article 287
The administrative court shall by a ruling dismiss a motion for retrial which is not initiated in conformity with the law.
Article 288
Where the administrative court determines that the motion initiated pursuant to Paragraph 1 of Article 284 is meritorious, it shall decide by a ruling to conduct a retrial proceeding; if the motion is determined as meritless, the court shall dismiss the motion by a ruling.
Article 289
The party initiating the motion for retrial may voluntarily dismiss the motion before the ruling as provided in the preceding two Articles becomes binding.
The party initiating the motion for retrial who voluntarily dismissed his/her motion shall lose the right to file the motion.
A voluntary dismissal of motion shall be made in writing or oral.
Article 290
Where the ruling which orders to conduct the retrial proceeding becomes binding, the original litigation proceeding shall be reinstated and be adjudicated in accordance with the applicable instances.
The party initiating the motion for retrial shall automatically intervene in the litigation after the original litigation proceeding is reinstated.
Article 291
The motion for retrial has no effect to stay the execution of the original judgment with binding effect. Notwithstanding, where necessary, the administrative court may order to stay the execution of the original judgment.
Article 292
Article 282 shall apply mutatis mutandis to retrial proceedings.