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(영문) 대전지방법원 2016.03.30 2015구합891

징벌처분무효

Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 19, 2013, the Plaintiff was sentenced to two years of imprisonment with prison labor for an accusation at the Daejeon District Court on December 19, 2013, and the sentence became final and conclusive on December 27, 2013, and was admitted to the Incheon Prison on January 10, 2014, and was transferred to the Western Prison on March 25, 2014.

B. On March 3, 2015, following the disciplinary resolution of the disciplinary committee, the head of the Simong Prison (hereinafter “the head of the Simong Prison”) imposed the Plaintiff a disciplinary measure of 15 days of punishment in accordance with Article 107 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) and Article 228 of the Enforcement Rule of the same Act on the following grounds:

(hereinafter referred to as “instant disposition”) . - A.I.D. -

1. The Plaintiff, from January 12, 2015 to February 16, 2015, had been living together with B in the fourth room of confinement, from January 12, 2015 to February 16, 2015. On February 16, 2015, the Plaintiff committed an act of significantly interfering with the peace in confinement life of other prisoners by making it difficult for the Plaintiff to take advantage of the remaining dispute after having completed the first instance judgment at around 11:50 on February 16, 2015.

2. The Plaintiff, while living with B, refused to enter a ward designated under Article 214 subparagraph 17 of the Enforcement Rule of the Punishment and Execution Act by allowing approximately two weeks of transportation to B by the end of January, and thereby refusing to comply with the correctional officer’s official instructions or orders without justifiable grounds, in violation of the food routing system (the implementation of the snow routing system by all day without exception to the ward inmates).

C. The Plaintiff completed the execution of the instant disposition, and on January 9, 2016, completed the execution of the said imprisonment and released the Plaintiff from the office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 5, and 6 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. As to the Head of Seo-gu District Office