서신발송불허위자료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On April 14, 2011, the Plaintiff asserted that the Plaintiff submitted a letter, which was in confinement in the Gangseo-gu correctional institution under the Defendant’s jurisdiction, to the Gangwon-gu prison’s rehabilitation department, which submitted the report center on waste of budget in the Planning and Finance Department.
At the time, the Plaintiff’s letter contains a report on the cases of extravagant budget spending by the Gangnam Prison. Accordingly, the Plaintiff did not want to peruse the contents of the Gangseo Prison because it was apprehended that the part of the Gangseo Prison would have any inconvenience to the Plaintiff’s contents of the report, and the Plaintiff would have rendered direct or indirect disadvantages to the Plaintiff’s prison life, or would not allow the employee in charge of correspondence to dispatch or dispatch.
Accordingly, unlike the submission of a letter-post bag after opening it, the Plaintiff submitted it after stating that “I wish to send it without censorship pursuant to Article 43(4) of the Punishment and Execution Act,” on the outer side of the letter, “I wish to send it without censorship.”
However, at around 13:20 on the same day, the Gangnam Prison side notified the Plaintiff that “The letter submitted to be invaded shall not be sent because it was sealed and shipped because it violated the official rules.” The said letter returned to the Plaintiff.
The above measures taken by the Gangnam Prisons are excessive regulation, which infringes on the freedom of communication, the right to petition, the right to send civil correspondence, and the right to external traffic guaranteed by the Constitution. As such, the Defendant is obligated to pay consolation money of one million won and delay damages from April 14, 201, which is the date of occurrence of the instant case, to the Plaintiff.
2. Relevant statutes, etc. [The Administration and Treatment of Correctional Institution Inmates Act] (1) Prisoners may exchange correspondence with other persons;
Provided, That the same shall not apply to any of the following cases:
1. Where a ruling for prohibition and seizure of correspondence under the Criminal Procedure Act or other Acts exists;
2. Where it is likely to do harm to edification of convicted prisoners or their sound rehabilitation into society;
3. The safety or order of facilities.