손해배상(기)
207Da25063 Compensation (as stated)
Park IT (E)
SEM in the case of an official week
Korea
The legal representative and the Minister of Justice;
A litigation performer;
Suwon District Court Decision 2006Na15400 Decided February 9, 2007
January 31, 2008
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed after the deadline).
The court below rejected the plaintiff's assertion that "the head of Busan Correctional Institution, who is a public official of the defendant, infringed the plaintiff's legitimate right to correspondence by imposing restrictions on sending the letter of this case to the Busan Correctional Institution, although it does not constitute a ground for restriction on sending it under the Criminal Administration Act." The plaintiff tried to send correspondence to the Daegu Correctional Institution on November 1, 201 and 2, but the prison officers in charge of the defendant's abuse of authority and obstruction of obstruction of use against the defendant's own authority, asserting that the defendant's act of sending it to the Busan Correctional Institution was not legitimate. The court below's decision on April 4, 2002, which stated that the defendant's act of sending it to the Busan Correctional Institution No. 2 was not erroneous in the misapprehension of the legal principles as to the defendant's allegation that the defendant's act of sending it to the Busan Correctional Institution No. 1 and the defendant's 2's appeal against the defendant's non-guilty prison officer's allegation that it was unlawful.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Hong-hoon
Justices Kim Young-ran
Justices Kim Jae-sik
Justices Noh Jeong-hee