징벌처분무효확인소송 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 12, 2001, the Plaintiff was sentenced by the Seoul High Court to imprisonment for life for the crime of continuing murder, and was under confinement in the Daegu Prison from March 18, 2002 after the judgment became final and conclusive.
◎ 이 사건 처분사유(갑 제1호증) - 원고는 2015. 8. 7. 17:20경 미결2동상8실과 관구실에서 번호표를 바로 부착하라는 관구감독자의 정당한 지시에 따르지 않은 혐의
B. On August 13, 2015, following the resolution of the Disciplinary Committee, the Defendant imposed disciplinary measures on the Plaintiff pursuant to Article 107 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) and Article 214 Subparag. 17 of the Enforcement Rule of the same Act and Article 215 Subparag. 4 and 5 (k) of the Enforcement Rule of the same Act on the following grounds:
(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1 to 3, Gap’s 1 to 2, and Eul’s 1, 2, and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) filed the instant disposition on August 7, 2015, on the ground that the Plaintiff’s attitude was defective, such as the Plaintiff’s oral care, even though the Plaintiff received an order from the official supervisor to properly attach a number tag, and the Defendant took the instant disposition on the following grounds: (a) the instant disposition was unlawful because the Plaintiff did not have any reason to impose any punishment for more than three years; (b) the Plaintiff had an exemplary living under confinement without the history of the punishment for more than three years; and (c) the Plaintiff’s disadvantage due to the instant disposition was an abuse of discretionary authority, and thus, the instant disposition was unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. 1) Prior to the occurrence of the instant disposition, the Defendant continued to educate and instruct the prisoners to walk in the items by attaching a number plate on a daily hour during the period of escape from the clothes of prisoners. 2) Nevertheless, the Plaintiff is at the 2nd Dong-dong office around August 7, 2015, around 17:20.