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(영문) 서울행정법원 2017.06.22 2016구합73566
징벌처분취소
Text

1. The Defendant’s disciplinary action taken against the Plaintiff on August 25, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On May 22, 2016, the Plaintiff was a person who was tried for the instant case, such as Suwon District Court’s Sungnam Branch 2015 Godan1791, and was admitted to the detention house and is under confinement.

B. On August 25, 2016, the Defendant issued a disciplinary measure (hereinafter “instant disposition”) imposed on the Plaintiff on nine (9 days (including three (3) days of investigation period) of the forfeiture on the ground that the Plaintiff violated Article 214 Subparag. 17 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Enforcement Rule of the Punishment Act”) (i.e., refusing to enter a ward designated as a ward) by failing to comply with official instructions as follows.

Between 08:40 on August 17, 2016 and 08:45, the Plaintiff was conducting an inspection of the number of children (hereinafter “instant inspection”) in the 7-dong and 8-dong room in which the Plaintiff was living alone (hereinafter “instant inspection”), and the Plaintiff was placed on the part of the Plaintiff’s buckbucks.

Accordingly, the head of the three team teams of confinement management ordered the Plaintiff to immediately keep uniforms during the inspection hours.

However, the plaintiff did not flickly go without being able to do so, and did not comply with the official instructions of the worker without justifiable grounds.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) At the time of the inspection of the absence of official instructions, the head of the 3rd team leader of the confinement management team at the time of the inspection of the instant case, merely directed the Plaintiff to the effect that the Plaintiff is not in the position of the entrance and exit, and there was no official instructions to the effect that “to keep the uniforms immediately during the inspection hours.” Therefore, the instant disposition is unlawful and revoked on the ground that there is no ground for disposition. (2) At the time of the inspection of the instant case, the Plaintiff is not the panty, not the

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