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(영문) 대구지방법원 2021.01.13 2020구합642

기타(일반행정)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 21, 2010, the Plaintiff was detained due to a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) and was detained on July 29, 2010, and was finally sentenced to imprisonment with labor for 13 years on July 29, 2010, and is under confinement in the first school of the North Korean Dos from March 12, 2019.

B. On May 8, 2020, the Defendant: (a) conducted an inspection of the confinement room (hereinafter “inspection of this case”); (b) discovered the Plaintiff’s 3 wing paper, 2 wing paper, 3 string paper, coffee 1, 10 string paper, 10 string paper, 10 string paper, 2 string paper, and 2 string paper to the prisoner F; and (c) discovered the Plaintiff’s wring paper (hereinafter “instant violation”).

(c)

Accordingly, on May 2020, the Defendant requested a resolution of disciplinary action against the Plaintiff on the ground of disciplinary action against the instant violating act, to the Committee for the First Class of the North Korean Dos (hereinafter “instant Committee”).

(d)

On May 14, 2020, the instant commission decided to issue a warning pursuant to Article 107 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “instant resolution”) and Articles 214 subparag. 15, 215 subparag. 5 (k), and 228 of the Enforcement Rule of the same Act on the ground that the Plaintiff received and delivered the instant goods without permission (hereinafter “instant disposition”). Accordingly, the Defendant issued a disciplinary measure against the Plaintiff on the same day (hereinafter “instant disposition”). 【No dispute over the grounds for recognition”), 【No dispute over the grounds for recognition, evidence No. 2, and evidence No. 1 through No. 3, and the purport of the entire pleadings, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) According to Article 111(2) of the Act on the Punishment of Defect in the Procedure, a disciplinary committee shall be comprised of not less than five but not more than seven members, and the external committee shall be at least three members.

However, the internal members at the time of the resolution of this case.