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(영문) 광주지방법원 2016.05.19 2015구합2116
기타(일반행정)
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. On November 24, 2004, the Plaintiff was sentenced to imprisonment for 12 years with prison labor for robbery injury at Jeju District Court and imprisonment with prison labor for 2 years at the same court on December 8, 2005, and on April 30, 2014, and on April 30, 2014, the Plaintiff was sentenced to imprisonment with prison labor for 4 months for injury, and was sentenced to imprisonment with prison labor for 12 years at the same court on December 8, 2005, and was serving

B. The Defendant separately accepted the Plaintiff during the period from August 18, 2015 to August 27, 2015 for investigating the grounds for disciplinary action against the Plaintiff (hereinafter “instant investigation and expropriation”).

C. On August 27, 2015, on the ground that the Plaintiff violated Article 214 subparagraph 17 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) by failing to comply with the correctional officer’s instruction, the relevant disciplinary committee decided that the Plaintiff be punished by imprisonment for nine days per fine, and stated Article 107 of the Punishment Execution Act and Article 228 of the Enforcement Rule of the same Act as the relevant provision.

On August 28, 2015, on the ground that there was a resolution of the disciplinary committee, the Defendant issued a 9-day disposition (hereinafter “instant gold disposition”) to the Plaintiff on the ground that there was a resolution of the disciplinary committee, and announced the Plaintiff that the Plaintiff may file an administrative appeal or administrative litigation within 90 days from the date on which he became aware of the disciplinary disposition by stating the participation in common events, newspaper perusal, television viewing, use of goods purchased at his own expense, work, telephone conversations, writing, correspondence, correspondence, correspondence, correspondence, and the restriction on outdoor exercise pursuant to Article 112(3) of the Punishment Execution Act as a type of restricted treatment.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, 5, Eul evidence 1, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. On August 28, 2015, the Plaintiff filed the instant lawsuit on December 4, 2015 after the lapse of 90 days from the date when he was notified of the instant monetary disposition by the Defendant on August 28, 2015. As such, the instant lawsuit is unlawful as it exceeds the period for filing the lawsuit.

B. Determination 1.

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