201Ba210736 Compensation (as referred to in this paragraph)

Han ○

[Defendant-Appellee] Plaintiff 1 and 3 others (Law Firm Gyeong, Attorney Park Jong-chul et al., Counsel for defendant-appellee)

Korea

Seoul Seocho-gu Seoul High Public Prosecutor's Office 1 division

Legal representative, the Minister of Justice, and the Minister of Justice

Doing of the litigation performer, Kim Jong-chul, Kim Tae-tae

March 14, 2012

April 18, 2012

1. The Defendant’s annual period from June 16, 201 to April 18, 2012 to KRW 2,000,000 to the Plaintiff.

5% interest shall be paid with 20% interest per annum from the following day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. The 15th of the costs of lawsuit are assessed against the plaintiff, the 14th of the costs of lawsuit, and the remaining 1st of the costs of lawsuit against the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall deliver to the plaintiff 30,000,000 won and a copy of the complaint of this case from the next day of service of the plaintiff

The payment of 20% interest per annum from the date of full payment shall be made.

1. Basic facts

A. The Plaintiff was arrested on August 20, 2010 in violation of the National Security Act, and on August 27, 2010, in the Seoul detention center.

In November 24, 2011, three years of imprisonment was finally decided by the Supreme Court.

(b) In the Seoul detention center, at least on December 1, 2010, a book of dynamics for persons subject to strict management after the end of the period;

On June 1, 2011, after recording the Plaintiff’s East circumstances, the Plaintiff’s resistance was suspended.

The contents of the Plaintiff’s Dong stated by a prison officer in the Seoul detention center did not provide meals.

The plaintiff's work observed at intervals of one hour, except that the interview or interview was conducted.

Da. 1) All things pertaining to the common life

(c) Relevant statutes;

(1) Administration and Treatment of Correctional Institution Inmates Act

Article 10 (Duties of Correctional Officers) Other than those provided for in this Act, matters concerning the duties of correctional officers shall be prescribed by a separate Act.

(2) Enforcement Decree of the Administration and Treatment of Correctional Institution Inmates Act

Article 6 (Inspection of Prisoners under Solitary Confinement for Safe Guard) (1) A correctional officer may conduct solitary confinement for prisoners under solitary confinement pursuant to Article 5 (2) (hereinafter referred to as "solitary confinement for prisoners under solitary confinement for safe guard").

[We shall examine whether there is any defect in the health or edification of the City by the City.]

(3) Enforcement Regulations of the Administration and Treatment of Correctional Institution Inmates Act

A prisoner who shall block contact with other prisoners or keep safe guard for the security and maintenance of order of a correctional institution pursuant to Article 104 of the Act (Classification of Prisoners subject to strict management) (hereafter referred to as "person subject to strict management" in this Chapter) shall be classified as follows: 1. Organization violent prisoners (referring to a prisoner designated pursuant to Article 199(1); hereinafter the same shall apply) 2. A prisoner subject to interest (referring to a prisoner designated pursuant to Article 205(1); hereinafter the same shall apply), Article 211 (Designation and Revocation) (1); hereinafter the same shall apply) and 210 (referring to a prisoner designated pursuant to Article 211(1); hereinafter the same shall apply) (i) a warden shall designate a prisoner subject to interest after deliberation by the Classification and Treatment Committee, if deemed necessary to designate him/her as a person subject to strict management:

(4) Guidelines for confinement management (No. 952 of the Ministry of Justice Rules No. 952 of August 1, 2010)

Article 28 (Criteria for Designation) (1) The criteria for designation of a person who commits an offense for public security shall be as follows: 1. Where a person falls under any of the provisions of Articles 3 through 10 of the National Security Act, the following Acts shall apply to a detention warrant or written indictment. Article 29 (Designation and Cancellation) (1) Where a person falls under any of the criteria for designation under Article 28, the warden shall designate him/her as a person who commits an offense for public security (related

Section 30 (Designation, Operation, etc. of Correctional Institution) (1) Each warden shall designate and operate a correctional officer to be exclusively in charge of public security (related matters) (hereinafter referred to as "public safety wall correctional officer") as one or more of the officers in charge of the management of security. (2) A correctional officer in charge of public security referred to in paragraph 1 shall endeavor to frequently consult a person who commits a crime in question and to solve problems in prison life, and enter the details of counseling, etc. in the correctional information system. (Management Matters) When treating a person who commits a crime in question (related matters), the warden shall particularly pay attention to the following matters in the treatment of the person who commits a crime in question.

(5) Correctional Officers’ Duties Rules (No. 679 of the Ministry of Justice Directive No. 679 of November 9, 2009)

Article 28 (Observation of Correctional Institution) (1) A fixed prison officer shall continue to observe a prisoner's performance in direct charge, and shall use the result as data for guidance, treatment and safe guard. (2) Among the results of the observation under paragraph (1), the special matters shall be recorded and reported to his/her superior.

(6) Guidelines for Safe Guard (No. 793 of the Ministry of Justice, August 1, 2010)

Article 6(1)(1) In cases where a correctional officer, etc. under safe guard shift their duties, the number of inmates, persons subject to strict management, persons subject to prisoners on death row with fixed penalty, severe punishment, and prisoners on death row with fixed penalty, etc., work details, whether protective equipment is used, and other special matters shall be transferred or taken. (2) If the details of acceptance are found to be different from those of the transfer without delay, the transferee shall promptly confirm the details of the transfer, and report it to his/her superior and take necessary measures. Article 104 (Duties of Workers) (1) of the Act shall carry out the duties concerning the safety, the maintenance of order and treatment of prisoners. (1) At any time after checking the existence of the number of prisoners in the ward, the employee shall check on the following matters on whether there is any person who violates regulations.

11. Whether or not a prisoner has a prisoner who violates the rules of conduct or commits an act contrary to the prisoner's status; ② A private employee should take care of each subparagraph; 1. In particular, a person who needs special care under Articles 15 and 16 should undergo an inspection; 2. If a prisoner finds a special mobile situation during an inspection, he/she shall record the details in the column of the special mobile situation at the work site of a correctional officer and hand over it to his/her superior, and if necessary, report it to his/her superior; 3. The route of the inspection at the same time shall be changed from time to time so that the prisoner may not grasp the inspection route in advance; 4 through 112 (Report of the prisoner's current situation) (6) 112 (Report of the prisoner's personal information, character, health status, etc.) 1) 1. If a prisoner is found to be at issue in individual treatment, he/she shall report it to his/her superior immediately to his/her superior, and if any, report it to his/her superior.

[Recognitions: Facts that there is no dispute between the parties; entries in Gap evidence 1; purport of the whole pleadings】

2. Determination

A. Party’s assertion

(1) The plaintiff (1) although the plaintiff is not a person subject to strict management, 1 Seoul detention center is the plaintiff.

A concentrated surveillance, such as a person subject to strict management, and a person subject to strict management is not a special relocation to the Dong affairs register.

The plaintiff's detailed private life has been recorded up to the plaintiff's detailed private life. ② This is the human respect of Article 10 of the plaintiff's Constitution.

The right to pursue happiness, the right to equality under Article 11 of the Constitution, and the right to privacy under Article 17 of the Constitution.

Since the defendant infringes on the plaintiff, the defendant is liable to the plaintiff for the above illegal act of the prison officer in Seoul detention center.

It argues that compensation has a duty to pay 30,000,000 won.

(2) For this, the defendant, (1) Seoul detention center is classified as the plaintiff as the subject of strict management.

In addition, it is classified as a public security offender, and the plaintiff's Dong affairs management officer is in the form of Dong affairs register.

and in the case of prisoners, it is inevitable to limit the fundamental rights, and the Seoul detention center is concerned regulations.

shall observe and record as necessary for the purpose of confinement and management.

(2) The records prepared by the prison officer of the Seoul detention center with respect to the plaintiff are outside the records.

not withdrawn, but only used in relation to the plaintiff's accommodation treatment, so that the plaintiff was able to

Nor can it be viewed that damage was caused.

B. Determination

(1) Examining the purport of the above-mentioned provisions, whether correctional officers in the Seoul detention center have any defect in prisoners

(2) If there are special circumstances and special circumstances, such records and reports shall be recorded and reported from time to time;

Unless there are circumstances, it cannot be considered illegal.

(2) In excess of this, the court shall have jurisdiction over a prisoner in the absence of such special information.

The plaintiff's daily life needs to be questioned whether it is worth being treated as data for confinement.

The correctional officer's act of the Seoul detention center's prison's act remaining one hour is the Plaintiff's personality right.

It can be seen as a qualitative infringement.

In addition, the Seoul detention center does not disclose the records of the Dong affairs of the plaintiff to the public and the treatment of the plaintiff.

Even if the materials were used only, as seen above, the plaintiff's privacy was limited.

If the plaintiff becomes aware of the fact that he is entered in the same register at intervals of time (the plaintiff)

The records of the Dong affairs related to the plaintiff were required to be corrected by the chief of the Department. The plaintiff

Along with the free expression of intention and behavior as a significant existence, it had a considerable mental compromise on the expression of action.

It should be recognized in light of the empirical rule.

(2) Amount of consolation money

The nature, method, and degree of infringement of privacy of this case, the period during which the records of Dong affairs were prepared, Seoul Metropolitan Government;

The oral argument of this case, such as the fact that a dental clinic suspends the preparation of the records of the Dong administration at the request of the plaintiff.

Considering all circumstances, the amount of consolation money shall be determined at KRW 2,00,000.

C. Sub-determination

Therefore, the defendant 2,00,000 won for consolation money to the plaintiff with respect to the illegal acts of the Seoul detention center.

As the plaintiff seeks, the following day after the delivery date of a copy of the complaint of this case shall be June 16, 201.

From the date of this judgment to April 18, 2012, the date of this judgment, 5% per annum prescribed in the Civil Act, and 0% from the following day:

The late damage with 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the date of full payment.

There is a duty to pay the money, and the plaintiff's claim in excess of the money is without merit.

3. Conclusion

Then, the plaintiff's claim is justified within the scope of the above recognition, and the rest of the agency

The Gu is dismissed as it is without merit, and it is so decided as per Disposition.

Judge Voluntary Award

1) For example, that is, a person who is being frightened, being frightened next to it, without covering fright, and without covering frighten;

Demand on a meal page that a brush book is opened and opened on the wall, among TV viewing, that a brupted and flued in the toilet, is being taken.

A saw saws are on the scale, saws are continuously being placed without special movement, and saws are continuously being placed without special movement.