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 August 11, 2016, the Plaintiff was admitted to the previous correctional institution, and was transferred to the military correctional institution on June 5, 2017, and was discharged on October 9, 2017.

B. On April 10, 2017, the Plaintiff was investigated and detained on the ground that he/she avoided during the personnel inspection of a prisoner in a military prison, and was transferred to the Military Prison Discipline Committee on April 19, 2017, and was subject to disciplinary action for ten days (hereinafter “instant disposition”).

C. On July 10, 2017, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gwangju Regional Administrative Appeals Commission, but was dismissed on August 30, 2017.

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

2. Summary of the plaintiff's assertion

가. 사실오인 및 법리오해 원고는 교도소 내 수형자 인원점검시 급한 생리현상을 느껴 투명한 유리창으로 내부가 훤히 보이는 화장실에 있었을 뿐, 이 사건 처분의 근거가 된 형집행법 시행규칙 제214조 제11호에서 정하는 ‘인원 점검 회피’의 목적이 없었고 그러한 사실도 없다.

Moreover, the Plaintiff’s toilets may easily confirm the toilet as a reflective name, so it is difficult to evaluate the Plaintiff’s above actions to intentionally avoid or interfere with the access inspection.

Therefore, the instant disposition should be revoked due to the misapprehension of legal principles as to Article 214 subparag. 11.

B. Meanwhile, on the other hand, the Defendant was investigated on April 10, 2017 by the Plaintiff’s attempt to avoid a personnel inspection. In order to conduct an investigation and confinement, the Defendant is likely to cause harm to other persons either “where the relevant prisoner is likely to destroy evidence” or “where the relevant prisoner is likely to destroy evidence” in accordance with each subparagraph of Article 110(1) of the Administration and Treatment of Correctional Institution Inmates Act.