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(영문) 서울행정법원 2021.01.15 2020구합2073
위법한 처분의 소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Paragraph 1 of this section is the purport of the claim for the Gu office.

Reasons

Basic Facts

Article 27(1) of the Criminal Procedure Act provides that a complaint shall be granted upon the request of a “person other than a prisoner,” but Article 25(7) and [Attachment Table 10] of the Guidelines provides that a complaint shall be granted upon the request of a “person other than a prisoner,” on April 20, 2020, when the Plaintiff was admitted to the Seoul Southern Prison on April 20, 202 and submitted an application for permission to carry in an external goods to the Defendant for permission to carry in an electronic visibility other than the goods purchased. However, considering the following as a whole: (a) Article 25(7) and [Attachment Table 10] of the Guidelines, the permission to carry in the external goods may also be applied to the inmate.

It is reasonable to see as follows:

Article 27(1)2 of the former Administration and Treatment of Correctional Institution Inmates Act (amended by Act No. 16925, Feb. 4, 2020; hereinafter “Punishment Execution Act”) and Article 25(7) of the former Guidelines for the Management of Money and Valuables kept in custody (amended by Act No. 1248, Mar. 16, 2020; hereinafter “the Guidelines of the Ministry of Justice”) on the ground that the entry of goods into Korea for the prevention, etc. of correctional accidents is limited to six kinds, such as Titts, etc., on May 6, 2020 (hereinafter “instant Disposition”), and the fact that the Plaintiff was dismissed as a lawsuit against North Korean Dos on August 3, 202, the date of the instant lawsuit (hereinafter “instant Guidelines”).

2. Relevant statutes;

(a) Article 27(1)2 of the Administration of Punishment Act (Delivery of Money and Valuables to Prisoners) (1) applies to a person other than prisoners to deliver money and valuables to prisoners, referring to the head of the relevant correctional institution.

A permit shall be granted except where any of the following grounds exists:

2. If correspondence is likely to undermine the safety or order of facilities.

B. Articles 25(7) and 25(7) of the Guidelines of this case (Standards, etc. for Permission for Possession and Keeping of Goods in Custody) (7) of the Guidelines of this case, among items permitted to possess goods kept in custody, the goods are restricted to be brought in for the prevention, etc. of correctional accidents, and goods permitted only to be purchased are governed by attached Table

Provided, That attached Table 10 (this shall apply.)

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