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(영문) 서울중앙지방법원 2015.02.13 2014가단98043
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, on June 22, 2010, was sentenced to 8 years of imprisonment and 5 years of qualification suspension due to the crime of violation of the National Security Act (espionage), etc., and the Plaintiff is living in the previous prison from August 16, 2010 to the previous prison.

2. Prisoners may exchange correspondence with other persons under Article 43 (Aggravated Punishment and Treatment of Correctional Institution Inmates Act (hereinafter referred to as the “Punishment Execution Act”) (1) Prisoners

Provided, That the same shall not apply to any of the following cases:

1. Where a ruling for prohibition and seizure of correspondence under the Criminal Procedure Act or other Acts exists;

2. Where it is likely to do harm to edification of convicted prisoners or their sound rehabilitation into society;

3. Where it is likely to undermine the safety or order of facilities.

Provided, That the same shall not apply to any of the following cases:

1. If the sender or the addressee of a letter is unidentifiable;

2. Where a ruling for censorship of correspondence under the Criminal Procedure Act or other Acts exists;

3. Where reasonable grounds exist to suspect that correspondence includes the contents falling under paragraph (1) 2 or 3, or the contents which conflict with criminal law;

4. Where correspondence between prisoners prescribed by Presidential Decree falls under any of the following subparagraphs as a result of verification or censorship under paragraph (3) or the proviso to paragraph (4), the relevant warden may prohibit the sending or receipt of such correspondence, if the correspondence contains any goods prohibited by statutes or its contents fall under any of the following subparagraphs:

1. Where the correspondence has been written with secret codes, symbols, or incomprehensible special characters;

2. Where it is likely to destroy evidence of a crime;

3. Where the correspondence includes contents which conflict with criminal law;

4. Where the correspondence includes clearly false information concerning the treatment of the prisoner or operation of the correctional institution;

5. Where it is likely to infringe on privacy or freedom of privacy;

6. Correction of convicted prisoners; and

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