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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 7, 2014, the Plaintiff was sentenced to seven years of imprisonment due to robbery, and the sentence becomes final and conclusive, and the execution of imprisonment is terminated in the Gansung Vocational Training Correctional Institution. From January 8, 2014, the Plaintiff is in the period of execution of protective custody in the Ganbuk Branch 3 Prison.
B. On April 24, 2015, the Defendant issued a 13-day disciplinary measure (hereinafter “instant measure”) upon the Plaintiff on the ground that “the Plaintiff kept one metal-lock, which is an illegal goods, from the beginning of April 2015 to the confinement room (class 6 room)” pursuant to the resolution of the 3th Correctional Institution Discipline Committee, pursuant to Article 214 Subparag. 15 and Article 215 Subparag. 4 of the Enforcement Rule of the Correctional Institution Execution Act and Article 109(2)2 of the Punishment Execution Act (hereinafter “Punishment Execution Act”), and at the same time, imposed a 13-day disciplinary measure upon the Plaintiff pursuant to Article 112(3) of the same Act on the ground that “the Plaintiff’s inspection of newspapers, television viewing, using Nonindicted Goods purchased (excluding medicines), telephone communications, writing, correspondence, interview, outdoor exercise, participation in and suspension of the work.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (including a paper number; hereinafter the same shall apply), Eul evidence 1, and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted 1) on April 2015, 2015, the documents that the Plaintiff received from the Defendant’s prison staff was placed in metal clean, and the Plaintiff voluntarily submitted them to the Defendant by attaching them to the petition. The Plaintiff cannot be deemed to possess illegal goods. 2) Whether the Defendant did not discover metal cleans in the Plaintiff’s confinement room and take any measures against the Plaintiff’s submission of the petition, and the instant disposition was made only when the Plaintiff submitted the petition, which is contrary to the principle of trust protection, and is against the legal stability of the Plaintiff.
3. On the basis of the disposition of this case, the defendant's assignment to the disposition of this case shall be limited to three months of demotion and one grade of work.