징벌처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was sentenced to imprisonment for life for committing robbery, and the sentence becomes final and conclusive, and is currently living under confinement in a net prison.
B. The defendant demanded the plaintiff to purchase the goods unfairly to the same prisoner B, etc., and opened only once, the plaintiff's opinion was opened to Germany, and requested the chairperson of the net thousand prison disciplinary committee to make a disciplinary resolution against the plaintiff on the ground of "the plaintiff's decision was made."
C. On December 8, 2016, the Discipline Committee decided that the above violation falls under subparagraphs 5 and 17 of Article 214 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”), and decided to issue a warning to the Plaintiff pursuant to Article 107 of the Punishment Execution Act and Article 228 of the Enforcement Rule of the same Act. On the same day, the Defendant issued a warning disposition to the Plaintiff (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Judgment on the defendant's main defense
A. The Defendant’s assertion that the disposition of this case was already executed, and there was no change in the Plaintiff’s treatment grade before and after the disposition of this case, and the parole review against the Plaintiff can be a first half of 2020, so there is no legal interest in dispute over the revocation of the disposition of this case.
B. In order to recognize the benefit of a lawsuit in an appeal litigation 1, there must be “legal interest” as stipulated in Article 12 of the Administrative Litigation Act, and if the effective period is specified in an administrative disposition and the validity or enforcement of the disposition is not suspended, the effect of the administrative disposition becomes null and void upon the lapse of the period.
However, the latter part of Article 12 of the Administrative Litigation Act is a law that is restored by the cancellation of a disposition, etc. even after the effect of such disposition, etc. is extinguished due to the lapse of a period, execution of a disposition, etc.