징벌처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The reason for the disciplinary measure is that the plaintiff was sentenced to 15 years of imprisonment due to murder, etc. and the judgment became final and conclusive and is currently being executed in the Busan prison.
On January 31, 2019, the Busan Correctional Institution Disciplinary Committee: (a) deemed that the suspicion of violating Article 214 subparag. 15 and subparag. 17 of the Enforcement Rule of the Correctional Institution Inmates Act (hereinafter “Act”) is recognized for the following grounds for disciplinary action; and (b) decided on the Plaintiff’s punitive action for nine days upon the same date; and (c) the Defendant issued the same disciplinary action for nine days upon the same date to the Plaintiff.
(hereinafter “instant disciplinary measure”). The Plaintiff was confined in five rooms (open RegionalB Offices) of the six-story accommodation, and was in custody on January 25, 2019 at the same time, despite that the Plaintiff was unable to gather or conceal the drugs provided through workers and guidance broadcasts in relation to the consumption of drugs for the ordinary prisoner, and was under occasional training to immediately return the unclaimed drugs and to not receive the goods without permission. However, on January 28, 2019, at the same ward around 09:30, the said patrol team’s goods inspection process ① blood pressure pressure, which was kept without taking the drugs supplied as a drug after the invasion;
1. The total amount of KRW 236 (total amount of KRW 141,470) was discovered, total of 236 (amount of KRW 141,470) was discovered in 2nd class 2, 2nd class 5, 5, 1st class 5, 2nd class 1, 2nd 1, 2nd 3, 3 working transparent tapes, 3 base 3, salted 3, ③ postage stamps (1,960 won x 68, 330 won x 18, 200 won x 75 x 75). The execution of the instant disciplinary measure was completed on February 5, 2019. [In the absence of dispute over the grounds for recognition, Gap 1, 2, and 1st evidence, and the purport of the entire pleadings of the instant lawsuit, as the execution of the instant disciplinary measure had already been completed, there was no interest in the Plaintiff’s lawsuit seeking the revocation of the disciplinary measure.
Judgment
However, even if the execution of the instant disciplinary measure against the Plaintiff was completed, the issue and degree of the instant disciplinary measure in the course of regular reexamination shall be followed.