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(영문) 서울행정법원 2017.09.29 2016구합8173
금치징벌 집행 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On February 2, 2017, the Plaintiff was sentenced to imprisonment with prison labor for two years due to the crime of injury resulting from special obstruction of performance of official duties, and the sentence was completely executed on February 2, 2017. From February 2, 2017 to March 28, 2017, the Plaintiff was detained in the workhouse on the ground of unpaid fines of KRW 1.5 million due to the crime of injury, and was released from prison on March 28, 2017.

① On August 25, 2016, the Defendant imposed a disciplinary measure of 45 days worth being imposed on September 1, 2016 on the ground that the Plaintiff fell under subparagraph 1 of Article 107 of the Enforcement Decree of the Punishment and Treatment of Prisoners Act (hereinafter “Punishment Execution Act”) and subparagraph 11 of Article 214 of the Enforcement Rule of the same Act (amended by the Ordinance of the Ministry of Justice No. 907, Aug. 22, 2017; hereinafter “Enforcement Rule of the Punishment Act”); and ② on September 6, 2016, the Plaintiff made a disciplinary measure of 45 days worth being imposed on the Plaintiff on the ground that the Plaintiff fell under subparagraph 14 of Article 214 of the Enforcement Rule of the Punishment and Execution Act by avoiding disturbance, and, on the ground that the Plaintiff constitutes a disciplinary measure of 20 days worth being imposed on September 20, 2016.

(hereinafter “each of the instant dispositions”). On November 25, 2016, the Plaintiff completed the execution of disciplinary action in accordance with each of the instant dispositions.

【Non-contentious facts, Eul’s evidence Nos. 1 through 6, 8 (including each number), and the purport of the entire argument as to the plaintiff’s assertion was not the act that the plaintiff cited as the grounds for each of the dispositions of this case by the defendant. The defendant issued a disciplinary measure of 45 days a fine based on a false work report on the ground that the plaintiff did not make a false confession, and issued an additional disciplinary measure twice, each of the dispositions of this case was unlawful.

It shall be as shown in the attached Form of the relevant statutes.

The plaintiff has already taken each of the dispositions in this case against the defendant's main defense of this case.

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