행정처분취소등
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 June 17, 2011, the Plaintiff was sentenced to four years of imprisonment for a crime of fraud, etc. at the Seoul Central District Court (No. 2009Da4130). The Plaintiff was admitted to the Gyeyang Prison as the sentence became final and conclusive on August 27, 2013.
B. On April 10, 2013, the Plaintiff, as a disabled person with a disability in the first degree, has been living in a ward for the disabled in the same Ansan prison. The Plaintiff consulted that it is difficult for the Plaintiff to live in a ward for the disabled person B and a ward for the disabled person.
On the other hand, the plaintiff requested an interview to the chief of the security division, who is an employee of the defendant or defendant, in the report receipt book stating the contents of the request of prisoners.
It is not entirely stated that the request for an interview with a defense counsel was made.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. A lawsuit seeking a performance judgment ordering an administrative agency to take a certain administrative disposition is not allowed under the Administrative Litigation Act (see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 1997) with respect to a lawsuit demanding the change of the Plaintiff’s place of execution of punishment and a lawsuit claiming the change of the place of execution of punishment and the implementation of an administrative disposition under paragraph (1) of the attached Table, as seen above, constitutes a performance lawsuit not allowed under the Administrative Litigation Act.
B. We examine the lawsuits seeking revocation of the rejection disposition under paragraph (2) of the attached Form, and the evidence of the submission of the plaintiff alone, to the extent that the defendant did not properly accept the requirements even though the defendant requested the defendant to take appropriate measures against the disabled plaintiff, and the defendant's rejection disposition as an exercise of public authority is imposed on the plaintiff's individual application under Paragraph (2) of the attached Form.