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(영문) 대전지방법원 2020.06.17 2019구합523
징벌처분무효
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. Since the Plaintiff was admitted to the Seoul detention center on April 27, 2012, the Plaintiff was transferred to the previous prison on May 3, 2019 through the Red Prison, and was living in prison.

B (C) The Plaintiff, the Head of the Working Group, forced the Plaintiff, who is the Head of the Working Group, to keep the production of the other person’s vinyl work in the account book, as the Plaintiff’s production of the Plaintiff’s plastic household work, was informed to the assistant principal D, who is a worker in charge of the foregoing error as above, that there was a disagreement between the settlement of accounts in October 2018 and the settlement of accounts in Chapter 400. However, he implied and neglected

B. On March 17, 2019 and March 20, 2019, the Plaintiff submitted to the Defendant a letter of commitment containing the following:

C. On April 5, 2019, the Defendant imposed a disciplinary measure on the Plaintiff following the disciplinary resolution of the disciplinary committee on the ground that the Plaintiff’s aforementioned written administration constitutes “an act of having another person punished or having a correctional officer reported false facts with the intent to interfere with the execution of his/her duties” (hereinafter “the Administration and Treatment of Correctional Institution Inmates Act”) and Article 107 of the Administration and Treatment of Correctional Institution Inmates Act and Article 228 of the Enforcement Rule of the same Act for 20 days of forfeiture and three months of suspended execution (from March 25, 2019 to June 24, 2019).

(hereinafter “instant disposition”) D.

The period of the suspension of the execution of the instant disposition was fully imposed, and the Plaintiff completed the execution of the sentence and was released on or around May 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. In an ex officio judgment on the legitimacy of the lawsuit of this case, there should be “legal interest” as stipulated in Article 12 of the Administrative Litigation Act in order to recognize the benefit of the lawsuit in an appeal litigation, and it can be seen that a lawsuit seeking the revocation or invalidity confirmation of an administrative disposition already executed is continuing due to the fact that such disposition was made.

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