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(영문) 부산지방법원 2020.09.25 2020구합375
징벌처벌취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence No. 1, Eul evidence No. 1, and evidence No. 2-1.

On July 13, 2017, the Plaintiff was sentenced to imprisonment of four years and six months with prison labor for fraud, etc. in the Busan District Court's Dong branch branch, and the sentence was finalized on December 18, 2017, and the sentence was executed in the Busan District Court. On April 24, 2020, the Plaintiff was transferred to the 1st prison of North Korean defectors.

B. On February 20, 2020, the Busan Detention District Disciplinary Committee decided disciplinary action of 16 days (including eight days of investigation period) of forfeiture under Article 107 of the Execution of Punishment and Treatment of Correctional Institution Inmates Act and Article 228 of the Enforcement Rule of the same Act on the ground that the Plaintiff provided money and valuables to other prisoners B without permission (hereinafter “Punishment Execution Act”) and Article 228 of the Enforcement Rule of the same Act. On the same day, the Defendant issued disciplinary action of 16 days of forfeiture to the Plaintiff (hereinafter “instant disposition”).

C. On February 27, 2020, the Plaintiff completed the execution of disciplinary action following the instant disposition.

2. Judgment on the main defense of this case

A. Since the Defendant’s main purport of the instant disposition has already been completed, there is no legal interest in seeking revocation of the instant disposition to the Plaintiff.

B. In order to recognize the benefit of a lawsuit in an appeal litigation, there must be “legal interest” as prescribed in Articles 12 and 35 of the Administrative Litigation Act. The legal interest refers to, in principle, a direct and specific benefit protected by the law based on the pertinent disposition, and it does not constitute only an indirect or factual interest.

Where the effective period of an administrative disposition is fixed, if the effect or execution of the disposition is not suspended, the effect of such administrative disposition shall be invalidated with the lapse of such period, and after the expiration of such period, the disposition shall remain in appearance.

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