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(영문) 창원지방법원 2016.11.22 2015구합21559
행정처분(금치처분)취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was sentenced at the Seoul High Court on July 19, 2013 to five years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery) and five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and each of the above punishment imposed on October 17, 201

(U) The Seoul High Court 2013No1812, and Supreme Court 2013Do9689). As a result of comprehensively determining the alleged violation of Article 214 Subparag. 17 of the Enforcement Rule of the Punishment Act and related documents, the act subject to disciplinary action is recognized.

B. On July 2, 2014, when the Plaintiff was confined in the Jinju Prison, the Defendant issued a 13-day forfeiture disposition upon the Plaintiff following a resolution of the disciplinary committee pursuant to Article 109(2)2 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) and Article 215 Subparag. 4(a) of the Enforcement Rule of the Punishment Act.

(hereinafter “instant disposition”). C.

On July 2, 2014, the Plaintiff filed an administrative appeal against the instant disposition with the Daegu Regional Correction Agency, and the said administrative appeals commission dismissed the Plaintiff’s claim on October 1, 2014. The original written judgment was served on the Plaintiff on October 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 7 (including additional numbers), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The defendant's defense as to the main defense of this case is unlawful, since the period for filing the lawsuit of this case is excessive.

However, according to Article 20(1) of the Administrative Litigation Act, the period for filing a suit at the time when an administrative appeal is filed shall be within 90 days from the date when the plaintiff was served with the original copy of the written adjudication. However, the instant lawsuit is filed on October 10, 2014 after 90 days from October 10, 2014 when the plaintiff was served with the original copy of the written adjudication.

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