2. The Defendant’s disciplinary action against the Plaintiff on August 13, 2015 is invalid.

A. On September 26, 2001, the Plaintiff was sentenced to imprisonment for life for the crime of remaining life in the Busan District Court’s Branch Branch, and was confined in Daegu Prison from March 18, 2002 after the judgment became final and conclusive.

◎ 이 사건 처분사유(갑 제1호증) ㆍ 원고는 2015. 8. 7. 17:20경 미결2수용동 8실과 관구실에서 번호표를 바로 목에 부착하 라는 관구감독자의 정당한 지시에 따르지 않았다.

B. On August 13, 2015, the Defendant issued a disciplinary measure against the Plaintiff pursuant to Article 107 Subparag. 6 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) and Article 214 Subparag. 17 of the Enforcement Rule of the same Act and Article 215 Subparag. 4 and 5 (k) of the Enforcement Rule of the same Act against the Plaintiff.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The entry in Gap’s 1 through 3, Eul’s 1, 2, and 7 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. If the Plaintiff’s assertion 1) intends to delegate a subordinate statute with respect to the limitation of citizens’ fundamental rights, the scope and content of delegation ought to be specific and clear. However, Article 107 Subparag. 6 of the Punishment and Execution Act (hereinafter “instant legal provision”).

(2) The instant legal provision is null and void since it violates the principle of clarity and the principle of prohibition of blanket delegation, etc., and the instant disposition also becomes null and void a year. (2) The Plaintiff was instructed on August 7, 2015 to properly attach a number plate from the official supervisor, and the Plaintiff did not comply with the direction because there was no room for putting the number plate in the item at the time.

Nevertheless, the defendant puts a room to the plaintiff or a number plate in the item.