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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2017.07.20 2017구합77
수형자징벌처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 27, 2016, the Defendant issued a disciplinary measure (e.g., warning) to the Plaintiff, who was confined in the Sejong Prison, on the following grounds (hereinafter “instant disposition”).

[Grounds for Disposition] At around 19:00 on October 22, 2016, the Plaintiff was confined in a so-called “Spool prison,” and the Defendant was punished for trial expenses with other prisoners, thereby hindering the peaceful prison life of other prisoners.

B. After the Plaintiff’s release, the enforcement of the instant disposition was terminated, and the Plaintiff completed the enforcement of the sentence and released the Plaintiff on June 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s assertion does not obstruct the peaceful living of other prisoners, and there is no ground for the instant disposition.

3. Entry in the attached Form of relevant Acts and subordinate statutes;

4. Whether the lawsuit of this case is legitimate

A. Since the execution of the Defendant’s defense prior to the merits was completed, and the Plaintiff was released after the execution of the sentence was completed, there is no legal interest to seek revocation from the Plaintiff.

B. 1) Where the effective period of an administrative disposition is determined and the validity or execution of the administrative disposition is not suspended, the effect of the administrative disposition becomes null and void due to the lapse of that period, and there is no legal interest in seeking the revocation of the administrative disposition, barring any special circumstance to deem that any legal interest is infringed upon by the remaining form after that period expires (see, e.g., Supreme Court Decision 2000Du7254, Jul. 26, 2002). 2) In addition, the execution of the disposition of this case has already been completed, and the plaintiff has already been released after the execution of the sentence was completed, as recognized in paragraph 1. Thus, even if there is a circumstance to deem that the legal interest of the plaintiff is infringed upon due to the remaining form of the disposition of this case, the plaintiff is

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