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(영문) 대구지방법원 2016.04.27 2015구합2231

징벌처분 취소 및 작업취소.작업불허처분취소

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1. Among the instant lawsuits, the portion of the claim filed on November 5, 2015 for nullification of the disposition of cancellation of work, and the disposition of suspension of work as of November 6, 2015.

Reasons

1. Details of the disposition;

A. On December 11, 2003, the Plaintiff was sentenced to imprisonment with prison labor for 10 years and for a protective custody due to robbery, injury, etc. at the Gwangju District Court (2003Dahap124, 214, 303 (Consolidation), and 2003Ma4 (Consolidation)) and the appeal (Supreme Court Decision 2003No687, 2003No28) and the appeal (Supreme Court Decision 2004Do1964, 2004Do36) were all dismissed, and the above judgment became final and conclusive on June 25, 2004.

B. According to the above final judgment, the former Social Protection Act (amended by Act No. 7656, Aug. 4, 2005; hereinafter the same) was repealed by the repealed Act (amended by Act No. 7656, Aug. 4, 2005; hereinafter the same).

On April 9, 2013, the Plaintiff completed the execution of the above imprisonment in the military prison. However, in accordance with Article 2 of the Addenda to the repealed Act, the Plaintiff was subject to protective custody in the three North Korean Prisons (hereinafter “instant prison”) from April 10, 2013.

C. On October 29, 2015, the Plaintiff discovered five music CDs (hereinafter “instant illegal goods”) in the course of inspecting nine rooms in the fourth apartment room, which are the Plaintiff’s living room. On the same day, the Defendant: (a) opened an investigation pursuant to Article 110(1) of the former Execution and Treatment of Correctional Institution Inmates Act (amended by Act No. 13721, Jan. 6, 2016; hereinafter “Punishment Execution Act”); (b) separated the Plaintiff from the Plaintiff’s work at the third workplace pursuant to Article 110(2) of the Execution of Punishment Act; (c) the Plaintiff received and stored five music CDs from the Plaintiff without permission; and (d) the Plaintiff received and stored the instant illegal goods without permission (amended by Presidential Decree No. 2581, Nov. 6, 2015; hereinafter the same shall apply); and (c) the Enforcement Rule of the same Act (amended by Presidential Decree No. 2515, Oct. 15, 2015).