징벌무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 6, 2016, the Plaintiff was detained on suspicion of violation of the Punishment of Violences, etc. Act (organization organization activity, etc.) and was confined in the previous correctional institution.
B. On December 22, 2017, the Defendant issued a disciplinary measure of 45 days (including 13 days during the investigation period) upon the disciplinary resolution of the disciplinary committee for the following reasons to the Plaintiff.
(hereinafter “instant disciplinary measure”). - Around December 23:15, 2017, the Plaintiff committed an act of communicating with other prisoners without permission, and committed an act of remarkably interfering with the peaceful living of other prisoners by getting off and getting off, etc. upon the detection of such act, and committed an act of cutting off the entrance of the case and inciting other prisoners even after being admitted in the investigation.
C. From December 22, 2017 to January 22, 2018, the Defendant completed the enforcement of the instant disciplinary measure against the Plaintiff. D.
On the other hand, the Plaintiff was convicted due to the above suspicion, etc. (two years of imprisonment and five months).
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 to 11, purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The Defendant’s defense prior to the merits had already completed the instant disciplinary measure and the execution of punishment, and thus, the instant lawsuit is unlawful as it does not have a benefit to the lawsuit.
B. Where the effective period of an administrative disposition is fixed and the validity or execution of such disposition is not suspended, the effect of such administrative disposition is invalidated at the expiration of such period, and there is no legal interest to seek the cancellation of such disposition, unless there are special circumstances to deem that any legal interest is infringed due to remaining effects of such disposition after the lapse of such period.
(see, e.g., Supreme Court Decision 2000Du7254, Jul. 26, 2002). The fact that the Plaintiff completed the execution of the instant disciplinary measure on January 22, 2018 is recognized as above, and the execution of the said punishment on April 27, 2019.