2019Nu2139 Revocation of an administrative disposition

2019Nu2122 (Joint) Revocation of disciplinary action

A

Attorney Kim Min-young, Counsel for the defendant-appellant

Head of the First Correctional Institution in North Korea;

Daegu District Court Decision 2018Guhap441, 21721 (Consolidated) Decided December 20, 2018

June 7, 2019

July 19, 2019

1. The plaintiff's appeal is all dismissed.

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

The entire judgment of the first instance shall be revoked. The Defendant’s disciplinary action against the Plaintiff on January 23, 2018 (the 30-day disciplinary measure) shall be revoked. The Defendant’s disciplinary action (the 15-day disciplinary measure) against the Plaintiff on April 5, 2018 shall be revoked.

1. Quotation of the first instance judgment

This court's reasoning is the same as the part of the judgment of the court of first instance, and thus, this court's reasoning is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Then, the plaintiff's claim shall be dismissed in its entirety due to the lack of any ground, and the judgment of the court of first instance is just, and the plaintiff's appeal shall be dismissed in its entirety as it is without merit.

Judges of the presiding judge;

Judge Lee Jin-soo

Judges Dok-si