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(영문) 대구지방법원 2014.08.20 2014구합191
금치처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 10, 2010, the Plaintiff was sentenced to a six-year sentence of imprisonment for rape, etc. (Supreme Court Decision 2010Do4302) and was transferred to a port prison on July 30, 2010, and was reinstated.

B. On August 10, 2010, the Plaintiff was subject to a disposition of forfeiture upon each of the following grounds: (a) assault on August 10, 2010; (b) interference with prison life on March 15, 201; (c) assault, etc. on October 19, 201; (d) possession of illegal goods on May 13, 2013; and (e) a private cleaning division and dispute on August 29, 2013; and (c) on October 10, 2013, the Plaintiff was designated as a person of interest following a resolution of the Classification and Treatment Committee pursuant to subparagraph 11 of Article 210 and Article 211(1) of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Act”).

C. On October 19, 2013, the Plaintiff received one copy of a self-statement of the content recorded by the private cleaning department (hereinafter “instant self-statement”) from B, who was the same prisoner, in relation to the gold disposal due to the conflict between the private cleaning division and the dispute (hereinafter “instant violation”). On October 21, 2013, the Plaintiff intended to submit to the Prosecutor General a complaint attached to the said self-statement (hereinafter “instant letter”), and was discovered in the process of verifying the content of the employee’s correspondence.

At that time, the Defendant requested the Plaintiff to submit the instant letter in an unsealed state, but the Plaintiff sealed and submitted the instant letter attached to the instant letter.

On October 24, 2013, following the disciplinary resolution of the disciplinary committee, the Defendant issued a 13-day disciplinary measure against the Plaintiff on the instant violation (the disciplinary period: from October 21, 2013 to November 2, 2013; hereinafter “instant disposition”). The Defendant completed the execution of the said disposition on November 2, 2013.

E. On November 11, 2013, the Defendant changed the applicant’s security and treatment level from a general security and treatment grade (S3) to a special security and treatment grade (S4), applied for transfer to the Minister of Justice on the 15th of the same month, and the Minister of Justice applied for transfer to a special security facility on the 21st of the same month.

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