징벌처분 무효확인
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 March 16, 2015, the Plaintiff was sentenced to three years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives) and was serving in prison. On March 16, 2015, the Plaintiff was designated as a ward and was living together with C.
B. On March 26, 2015, the Plaintiff submitted a written report demanding the employees of the Daejeon Correctional Institution to punish C to the effect that “C uses two bags, wings, and tampers produced by the alteration of the C, possess unauthorized goods, such as the revised tape, and interfere with the Plaintiff’s writing of litigation documents.”
C. On April 7, 2015, the Defendant reported false facts for the purpose of having the Plaintiff punished C, subject to the disciplinary resolution of the Daejeon Correctional Institution Disciplinary Committee, issued a disciplinary measure of 16 days punitive punishment against the Plaintiff pursuant to Article 107 Subparag. 5 of the Administration and Treatment of Correctional Institution Inmates Act and Article 215 Subparag. 2 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 April 28, 2016, and released the Plaintiff.
[Reasons for Recognition] Eul evidence Nos. 1, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 7-1, Eul evidence No. 13, Eul evidence No. 14-1, and the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. In order to recognize the benefit of a lawsuit in an appeal litigation, there must be “legal interest” as prescribed in Article 12 of the Administrative Litigation Act. Barring any special circumstance, barring any special circumstance to deem that a lawsuit seeking revocation or nullification of an administrative disposition already executed is being an infringement of legal interest due to the fact that there was such disposition, it shall be deemed unlawful as there is no legal interest in seeking revocation or nullification.
On the other hand, the legal interest refers to the direct and specific interest protected by the relevant law based on the disposition.