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(영문) 대전지방법원 2016.05.11 2015구합372
무효확인
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. The Plaintiff was sentenced to three years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives), and was transferred to Daejeon Prison on November 13, 2014.

The plaintiff's living room was designated as 14 confinement Dong B, and the plaintiff refused to enter the room while the plaintiff cannot be mixed with other prisoners due to spine disability.

B. On November 21, 2014, the Defendant, following a resolution of the Daejeon Correctional Institution Disciplinary Committee on the ground that the Plaintiff refused to enter a ward designated, imposed a disciplinary measure of nine days of forfeiture of punishment pursuant to Article 107 Subparag. 6 of the Administration and Treatment of Correctional Institution Inmates Act and Article 214 Subparag. 17 of the Enforcement Rule of the same Act and Article 215 Subparag. 4 of the Enforcement Rule of the same Act.

(hereinafter “instant disposition”). C.

The Plaintiff completed the execution of the instant disposition, and completed the execution of the said imprisonment on April 28, 2016, and released the Plaintiff.

[Reasons for Recognition] Each entry in the Evidence Nos. 1, 2, 3, 6, 7, 8 (including branch numbers), and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. In order to recognize the benefit of a lawsuit in an appeal litigation, there must be “legal interest” as prescribed in Article 12 of the Administrative Litigation Act. Barring any special circumstance, barring any special circumstance to deem that a lawsuit seeking revocation or nullification of an administrative disposition already executed is being an infringement of legal interest due to the fact that there was such disposition, it shall be deemed unlawful as there is no legal interest in seeking revocation or nullification.

On the other hand, the legal interest refers to a direct and specific benefit protected by the relevant law based on the relevant disposition, and it does not constitute an indirect or factual or economic interest.

However, according to the facts acknowledged earlier, the Plaintiff had already completed the execution of the instant disposition, as well as on April 28, 2016.

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