1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On September 17, 2009, the Plaintiff was sentenced to seven years of imprisonment with prison labor for murder at the Seosan Branch of the Daejeon District Court, and on April 15, 2010, the said sentence became final and conclusive and was reinstated in the Daejeon Prison from April 19, 2010.

B. On July 17, 2015, the Defendant issued a disciplinary measure of 25 days worth (hereinafter “instant measure”) pursuant to Article 107 subparag. 1 and subparag. 6 of the Act on the Execution and Treatment of Prisoners and Article 214 subparag. 14 of the Enforcement Rule of the same Act following the disciplinary resolution of the Daejeon Correctional Institution Disciplinary Committee on the grounds that “the Plaintiff committed several assaults to B confined in the same ward at around 20:50 on July 4, 2015.”

C. The Plaintiff completed the execution of the instant disposition, and completed the execution of the said imprisonment on July 6, 2016, and released the Plaintiff.

[Ground of recognition] Evidence Nos. 1, 5, Eul Nos. 2, 3, and 14, the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

In order to recognize the benefit of a lawsuit in an appeal litigation, there must be “legal interest” as stipulated in Article 12 of the Administrative Litigation Act. Thus, barring any special circumstance to deem that a lawsuit seeking revocation or invalidation confirmation of an administrative disposition already executed is being an infringement of any legal interest due to the fact that such disposition had already been completed, it shall be deemed unlawful as there is no legal interest in seeking revocation or invalidation confirmation.

On the other hand, legal interest refers to a direct and specific benefit protected by the law based on the relevant disposition, and it does not constitute an indirect or factual or economic interest.

However, according to the facts acknowledged above, the plaintiff already completed the execution of the disposition of this case and was released from the court after completion of the execution of the above imprisonment on July 6, 2016. The plaintiff was sentenced to punishment.