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(영문) 대구지방법원 2018.07.18 2017구합2563

징벌처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 31, 2005, the Plaintiff was sentenced to imprisonment for life at the People's Court of Grade II in the North Korean People's Republic of China (hereinafter "China"), and the judgment became final and conclusive on May 31, 2005.

Since July 16, 2012, the Plaintiff was sentenced to imprisonment with prison labor for 19 years and 6 months.

B. On January 28, 2014, the Plaintiff was transferred to the Republic of Korea in accordance with the Treaty on the Transfer of Convicted Prisoners between the Republic of Korea and China, and was confined in the Busan Correctional Institution from March 27, 2018 through the First Correctional Institution for the North Korea.

C. On February 21, 2017, correctional officers B, who belong to the Defendant, discovered that the Plaintiff and C are watching TV channels (No. 9: channels for female prisoners) whose viewing is prohibited by the Plaintiff and C at three rooms on the upper floor of the medical accommodation Dong, around 09:40.

Therefore, although the plaintiff and C pointed out that the above acts constituted a violation of the rule, the plaintiff set forth that "the plaintiff was able to see TV with no interest in TV."

Pursuant to Article 220(3) of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”), the Defendant separately admitted the Plaintiff for seven days and investigated the suspicion of violation of the Rule.

E. As a result, on February 28, 2017, the facts revealed that the Plaintiff’s suspicion of violation of the discipline were revealed, the Defendant, following the resolution of the disciplinary committee, imposed the Plaintiff a disciplinary measure of 15 days a fine pursuant to Article 107 subparag. 6 of the Punishment Execution Act and Article 215 subparag. 3(a) of the Enforcement Rule thereof.

(hereinafter “instant disposition”). A comprehensive examination of the relevant statement, etc. on suspected facts of suspicion (e.g., interference with confinement life) of a suspect of the reason for resolution is acknowledged as a result of the disciplinary action.

As a result of a comprehensive review of the statements and relevant documents related to the alleged fact by the suspect, all suspected facts are recognized.

Therefore, Article 107 (6) of the Punishment Execution Act (No. 5) provides that disciplinary resolution (No. 107 (No. 5) shall be provided.