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1. All of the instant lawsuits are dismissed.
2. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.
Reasons
1. Basic facts
A. On May 22, 2015, the Plaintiff is a person who was sentenced to imprisonment with prison labor for at least one year and six months, and is serving in the Daegu Prison from July 17, 2015.
B. On October 2, 2015, the head of Defendant Daegu Prison issued a disciplinary measure to the Plaintiff on September 22, 2015 on the ground that the Plaintiff obstructed the normal confinement management of employees, such as taking a bath to the employees of the police patrol team and avoiding disturbance (hereinafter “instant disciplinary measure”), and the Plaintiff received the notice of execution of the disciplinary measure on the same day.
C. On August 10, 2015, the Plaintiff filed a petition with the Minister of Justice to the effect that the Defendant was unable to receive normal medical care in the Daegu Prison, and that the Defendant was receiving unfair treatment from a correctional officer. On November 9, 2015, the Minister of Justice dismissed the Plaintiff’s petition pursuant to Article 117 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”).
(hereinafter “instant decision on rejection of petition”). D.
On February 23, 2016, the Plaintiff (the Director General of the Special Investigation Agency of the Board of Audit and Inspection) (hereinafter “the instant letter”) sought to send a petition stating the content of the receipt of an assault from the employee of the duty patrol team (hereinafter “the instant letter”). On September 29, 2016, the Defendant rejected the sending of the said letter pursuant to Article 43(5)4, 6, and 7 of the Punishment Execution Act on the ground that “the content of the said petition contains obviously false facts in a correctional institution, and is likely to undermine the correction and order of prisoners”
(hereinafter referred to as the “disposition not to permit the sending of this case”). [Grounds for recognition] / [The fact that Eul does not have dispute, Eul's entries in subparagraphs 1, 2, Eul's evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the lawsuit of this case is lawful
A. As to the instant disciplinary measure, Defendant Daegu Prison Head.