beta
(영문) 서울행정법원 2018.06.07 2017구합4840

징벌처분 취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 28, 2016, the Plaintiff was admitted to the Seoul detention center on suspicion of fraud, etc., and was sentenced to imprisonment for three years and six months at the Seoul Central District Court on December 30, 2016, and the said sentence became final and conclusive following appeal and final appeal, and was transferred on January 17, 2017 to the Chuncheon prison, and was transferred on June 14, 2017, and was transferred to the Chuncheon prison until now.

B. After going through a resolution of the Disciplinary Committee, the Defendant issued the following disciplinary measures against the Plaintiff:

(1) On August 11, 2016, “The Plaintiff frequently brought the Plaintiff’s purchase of inmates B and C in the same ward from July 28, 2016 to August 1, 2016 without permission. On July 29, 2016, Article 107 subparag. 1 of the Administration and Treatment of Prisoners Act (hereinafter “Punishment Execution Act”) and Article 214 subparag. 14 of the Enforcement Rule of the same Act (hereinafter “instant disposition”) were violated by insulting B of the same ward (hereinafter “instant disposition”).

(2) On September 22, 2016, on the grounds that “the Plaintiff, on September 5, 2016, 2016, laid down an emergency bell even if the Plaintiff’s possession of water in his/her hand and reported documents, and reported false facts to the relevant employee, such as compelling him/her to make a false statement, and reported the false facts to the relevant employee. On September 6, 2016, he/she interfered with the peaceful prison life of other prisoners by interfering with the peaceful prison life of prisoners, such as interfering with the head and generation of the cell door, and Article 214 subparag. 14 of the Enforcement Rule of the Punishment Execution Act” (Article 107 subparag. 5 and 6 of the Act and Article 214 subparag. 14 of the Enforcement Rule of the Punishment Act).

(hereinafter referred to as “second disposition”). (c)

On November 14, 2016, the Plaintiff filed an administrative appeal seeking revocation of each of the instant dispositions with the Seoul Regional Correction Agency, but the said commission dismissed the part regarding the first disposition on April 24, 2017 on the ground that the period for request expires.