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(영문) 대구지방법원 2021.01.27 2020구합55

기타(일반행정)

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was sentenced to five years of imprisonment due to fraud, etc., and was confined to the Red Prison, and was currently confined in the first intersection of the North Korean Peninsula through the North Korean Vocational Training Correctional Institution.

B. On November 21, 2019, the Disciplinary Committee of the Ganbuk Vocational Training Correctional Institution decided that nine days of punishment imposed on the Plaintiff on the ground that the Plaintiff violated Article 214 subparagraph 15 of the former Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (amended by Ordinance of the Ministry of Justice No. 976 of August 5, 2020) of the Enforcement Rule of the Act (amended by Ordinance of the Ministry of Justice No. 976 of August 5, 2020) on the ground that the Plaintiff violated Article 214 subparagraph 15 of the former Enforcement Rule of the Act on the Execution and Treatment of Correctional Institution Inmates on the ground that he/she violated the provision of Article 214 subparagraph 15 of the same Act on the ground that he/she had been confined to the Ganbuk Vocational Training Institution from July 2, 2019 to November

(hereinafter referred to as “the instant resolution”). (c) The instant resolution.

On November 21, 2019, the Defendant imposed a disciplinary measure on the Plaintiff on nine (6 days prior to the date of the instant resolution, including the period of investigation by the six days prior to the date of the instant resolution) (hereinafter “instant disposition”). D.

On November 23, 2019, the Plaintiff completed the execution of disciplinary action according to the instant disposition.

【Uncontentious facts, entry of Eul in the evidence of subparagraphs 1 through 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant has already completed the execution of disciplinary action following the instant disposition, and thus, it is safe defense that there is no legal interest to seek revocation of the instant disposition.

B. In order to recognize the benefit of a lawsuit in an appeal suit, there must be “legal interest” stipulated in Articles 12 and 35 of the Administrative Litigation Act. The legal interest refers to a case where there is a direct and specific interest protected by the law based on the pertinent disposition, and it does not constitute a case where there is an indirect or factual interest.

If the effective period of an administrative disposition is specified, it shall be applicable.