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(영문) 부산지방법원 2016.04.08 2015구합2643
기타(일반행정)
Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

1. Whether the lawsuit in this case is lawful

A. On June 13, 2014, the Plaintiff asserted that he/she was sentenced to imprisonment with labor for 20 years after being detained in Busan Detention House due to suspicion of murder, attempted murder, etc.

From October 7, 2014 to October 24, 2014, the Defendant accepted B, who sold narcotics, etc. to the Plaintiff, in the same ward (hereinafter “instant disposition”), and thereby, the Plaintiff suffered enormous damage in criminal cases by returning his/her testimony with his/her psychological decline or certifying his/her perjury.

Article 81 of the Administration and Treatment of Correctional Institution Inmates Act provides that persons related to the case shall be separately confined and prohibited from contacting each other. Thus, the instant disposition is unlawful.

B. The defendant's judgment, if the plaintiff's lawsuit is deemed to be a revocation lawsuit, the period of filing the lawsuit has already lapsed, and even if the lawsuit for confirmation of nullity is deemed to be an invalidation lawsuit, the disposition of this case was completed and its execution was not deemed to have affected the plaintiff's legal status and thus, the plaintiff has no interest in

The plaintiff's lawsuit shall be filed within 90 days from the date when he/she becomes aware of the disposition, etc., and within one year from the date of the disposition, etc. (Article 20 of the Administrative Litigation Act). Since the lawsuit in this case is obvious in the record that the lawsuit in this case was filed on November 10, 2015 after one year from the lawsuit in this case, it is unlawful for the plaintiff's lawsuit

Even if the plaintiff's lawsuit is a lawsuit seeking confirmation of nullity, etc., the lawsuit seeking confirmation may be filed by a person having legal interest to seek confirmation of validity of the disposition, etc. (Article 35 of the Administrative Litigation Act). Considering that the execution of the disposition of this case has already been completed, the execution of the disposition of this case is old, the risk of repeating the disposition of this case is low, and that the plaintiff filed a lawsuit seeking compensation for damages (the Busan District Court 2016Gapo23014), the plaintiff is entitled to seek confirmation of invalidity

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