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(영문) 수원지방법원 2019.05.02 2018구합69500

징벌처분 취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

The plaintiff was sentenced to 8 years of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and was sentenced to 8 years of imprisonment on September 13, 2012, and was transferred to an Ansan prison on October 14, 2013 while the sentence became final and conclusive.

At around 10:10 on May 11, 2018, the Plaintiff was found to have been in possession of the goods without permission, such as ① one knife ( approximately 4.5 cm x 1.5 cm) manufactured without permission as a healthy part, ② foods kept at will in the inner gate of the drilling, ③ 28 books delivered at will to other prisoners, ④ 4 books voluntarily altered, ⑤ 5 books of plastic bak, 6 books of voluntary production, and 1 copies of the mobile patrol team.

On May 25, 2018, following the disciplinary resolution of the disciplinary committee, the Defendant imposed a disciplinary measure of 9 days upon the Plaintiff pursuant to Article 107 of the Administration and Treatment of Correctional Institution Inmates Act and Article 214 subparagraph 15 of the Enforcement Rule of the same Act and Article 215 subparagraph 4 of the Enforcement Rule of the same Act.

(hereinafter “instant disposition”). C.

The Plaintiff completed the execution of the instant disposition, and completed the execution of the said imprisonment on October 12, 2018, and released the Plaintiff from the Republic of Korea.

[Reasons for Recognition] In order to recognize the legal interest of a lawsuit in an appeal litigation as to the legitimacy of the lawsuit of this case, there must be "legal interest" as prescribed in Article 12 of the Administrative Litigation Act in order to recognize the legal interest of the lawsuit in the appeal litigation as to Gap's facts without dispute, Gap's evidence Nos. 1 and 2, Eul's evidence Nos. 1 and 3, and the purport of the whole pleadings. Unless there are special circumstances to deem that a lawsuit seeking the revocation or invalidity confirmation of an administrative disposition already completed, it shall be deemed that there is no legal interest to seek the revocation or invalidity confirmation,

On the other hand, the legal interest refers to the direct and specific interest protected by the relevant law based on the disposition, and it is only an indirect or factual, or an economic interest.