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(영문) 대구고등법원 2015.04.03 2014누6556

금치처분취소

Text

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.

Reasons

1. The grounds for the plaintiff's assertion in the trial of the court of first instance while filing an appeal are not significantly different from the contents of the plaintiff's assertion in the trial of the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's assertion is justified even if both evidence submitted in the court of first instance and the purport of the pleading in the court of first instance and the

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except for the dismissal of some contents as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Article 210 subparag. 11 and Article 211(1) of the Enforcement Rule shall be amended by Ordinance of the Ministry of Justice No. 831 on Nov. 17, 2014; hereinafter referred to as the "Enforcement Rule") between the second half of the judgment of the court of first instance and the secondhhh, "Article 210 subparag. 11 and Article 211(1) of the Enforcement Rule."

From the third end of the judgment of the first instance court, “it constitutes abuse of authority” in the last part of the judgment that is to be reduced to “the abuse of authority.”

The fourth third part of the judgment of the first instance court, "the plaintiff's violation of the provisions of this case is insignificant, etc." means that "the plaintiff's violation of the provisions of this case is insignificant, the plaintiff's delivery of correspondence is presumed to be the Prosecutor General, and the defendant's side appears to have conducted censorship with his knowledge that it is related to his own, and even if the letter of communication of this case is sent as it is, it is an investigative agency, and thus the receiving agency does not have any influence on the safety of the facility and the maintenance of order. When the defendant ordered the plaintiff to conduct the disposition of forfeiture, the plaintiff's security and treatment level automatically is changed from the general security and treatment rate to the heavy security treatment rate, and if it is changed to the heavy security treatment rate, it is transferred to the second prison of the North Korean defectors."

hh of the 8th judgment of the first instance court is to have a significant adverse effect on the maintenance of the order of accommodation facilities.