1. The plaintiff's claim is dismissed.

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

Basic Facts

On October 23, 2012, the pertinent Plaintiff was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the Daejeon District Court’s collegiate Division (Seoul District Court Decision 2012Da398) and sentenced to imprisonment with prison labor for ten months in the appellate trial of the said case (Seoul District Court Decision 2012No2416).

Therefore, although the plaintiff appealed, the above judgment became final and conclusive upon the Supreme Court Decision 2013Do4969 Decided June 5, 2013.

On July 19, 2013, the Military High Court sentenced the Plaintiff to six months of imprisonment with prison labor for special larceny for military supplies, and the said judgment became final and conclusive.

On August 20, 2012, the Plaintiff, as a suspect, was admitted to the Daejeon Correctional Institution Mountainous District, and was transferred to the Private Correctional Institution on August 9, 2013, which became final and conclusive after each of the aforementioned convictions. On January 3, 2014, the Plaintiff, as a convicted prisoner, was transferred to the Private Correctional Institution.

On December 16, 2014, the Plaintiff was released from office upon expiration of the term of punishment.

The defendant is in charge of state affairs, such as correction and edification of convicted prisoners and their sound rehabilitation into society in accordance with relevant statutes, such as the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”), and the treatment and rights of prisoners and operation of correctional institution.

On August 27, 2013, the Plaintiff rejected work at the first workplace on August 26, 2013 (hereinafter “instant refusal”) on the ground that the Plaintiff was unable to work due to the bipolartic disorder on August 27, 2013.

On September 5, 2013, the head of an official prison, on the ground that the instant refusal to work constitutes “an act of refusing or neglecting work, education, etc. without justifiable grounds” as prescribed by Article 107 subparag. 3 of the Punishment Execution Act, the head of the relevant correctional institution issued a disciplinary measure of ten days in fine (hereinafter “instant forfeiture disposition”).