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(영문) 대구고등법원 2019.11.29 2019누2856
징벌처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court concerning the instant case cited in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the Plaintiff’s assertion, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

2. Additional determination

A. According to Article 69(1)11 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates”), the purport of the Plaintiff’s assertion is to examine matters related to disciplinary measures (including cases of confinement in a ward) during the new examination. As such, the Plaintiff has a legal interest in seeking revocation of the instant disciplinary measure, given that the instant disciplinary measure is at risk of being disadvantageously imposed on treatment in cases of confinement in a future correctional institution due to the instant disciplinary measure, and thus, there is a risk of being subject to the instant disciplinary measure. (b) In the instant case of a new examination (including cases of classification examination for new inmates) under Article 69(1)11 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act, the Plaintiff is entitled to investigate matters related to disciplinary measures (including cases of confinement in a ward), and the guidelines for classification treatment (Article 1161), Article 53(1), Article 53(2) and 2 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Enforcement Rule”).

However, it is realistic that a person who was subject to disciplinary action during the past confinement is punished again by another criminal act in the future.

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