Chapter VII Re-consideration
While one of the following situations is met, the original action agency, the service agency, the petitioner, or the re-appellant may file for a re-consideration against the final Protection Case decision to the CSPTC, except that the petitioner has already sought for remedy in the judicial agency:
1.Application of law is obviously wrong;
2.The reasons of the deliberation are obviously inconsistentwith the holding;
3.The decision agency is not constituted as stipulated by law;
4.The Commissioner(s) required to withdraw according to this Act participates in the deliberation decision;
5.The Commissioner(s) participating in the decision commits a criminal offense relating to his official duties in connection with the protection case;
6.The agent or representative of the deliberation or re-appeal case commits acrime punishable by the Criminal Law in connection with the deliberation or re-appeal, and affects the decision;
7.A witness, expert witness or interpreter makes false statements on his/her testimony, expert opinion or interpretation used as the basis of the decision;
8.While an evidence used as the base of the decision is forged or fraudulently altered;
9.A civil, criminal or administrative litigation decision or an administrative action used as the basis of the decision has been altered according to its later final judgment or administrative action;
10.An evidence which was not taken into consideration or may be used as the basis of the decision is discovered, provided that, if the evidence is considered, there will be a more favorable decision; or
11.A material evidence which may affect the decision has been omitted from consideration by the original decision.
The filing in the preceding paragraph may still be submitted even after the original administrative action, the original management measure, the original working condition rendered, or the original decision has been completely executed.
The stipulations in Subparagraph 5-8 of Paragraph 1 only apply to the final guilty decision , or the halt or discontinuation of the criminal procedure is not attributed to insufficient evidence.
A petition for re-consideration shall be filed within a peremptory period of 30 days.
The period in the preceding paragraph shall be calculated from the date when the deliberation or re-appeal decision is final. However, the period to file the petition for re-consideration shall be calculated from the time the ground for re-considerationbecame known if such ground became known at a later date.
A petition for re-consideration shall not be filed after 5 years from the date of a final deliberation or re-appeal decision.
A petition for re-consideration shall be filed with the CSPTC in writing with statement of reasons, its duplicate, and the photocopy of the original decision and evidence.
A petition for re-consideration may be withdrawn before theCSPTC makes a decision.
While there is a withdrawal in the preceding paragraph, the petition for re-consideration shall not be filed upon the same reason.
The CSPTC shall make a decision of case not entertained if it finds that the procedure to file a petition for a re- consideration is unlawful.
While the CSPTC finds a petition for re-consideration is without merits, it shall dismiss it by a decision.
While there is a decision in the preceding paragraph, the petition for re-consideration shall not be filed upon the same reason.
While the CSPTC finds a petition for re-consideration is sustainable, it shall revoke or modify the original deliberation or re-appeal decision.
The deliberation procedure stipulated in Chapter 3, the re-appeal procedure stipulated in Chapter 4, and the execution stipulated in Chapter 6 shall apply mutatis mutandis to a petition for re-consideration unless otherwise stipulated in this Chapter.