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(영문) 춘천지방법원 2015.06.26 2014구합1404
금치처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 16, 2014, the Defendant issued a 25-day safeguard measure (hereinafter “instant measure”) to the Defendant on the ground that the Defendant inserted the Hudlidine in the prison in the Defendant’s sexual cryp, and without permission, possessed and received goods such as women’s panpanty (hereinafter “instant disposition”).

[Ground of recognition] Each description of evidence Nos. 1 through 9, the absence of dispute, and the purport of the entire pleadings, the Defendant’s defense of this case’s disposition was completed on October 29, 2014, and thus, the Defendant’s defense that there was no legal interest in seeking revocation of the instant disposition.

In a case where a punitive administrative disposition becomes effective due to the lapse of the period of sanctions prescribed in the relevant disposition, but it is prescribed to impose future punitive administrative disposition (hereinafter referred to as "advance administrative disposition") on the basis of the grounds or premise that the person subject to the aggravated administrative disposition (hereinafter referred to as "prior administrative disposition") was subject to the aggravated administrative disposition, when there is a concern that the person subject to the prior administrative disposition is subject to the aggravated administrative disposition based on the grounds or premise for the aggravated administrative disposition, the other party subject to the prior administrative disposition has expired even

Even if the need for the protection of rights to remove such disadvantage through a revocation suit is recognized, it shall be deemed that there is a legal interest to seek the revocation of the preceding disposition.

(See Supreme Court Decision 2006Du13312 Decided January 11, 2007, etc.). Meanwhile, according to Articles 57(1) and 59(1) of the Administration and Treatment of Correctional Institution Inmates Act, the warden of a prison shall have prisoners investigate, measure and evaluate their personality, behavioral characteristics, quality, etc. scientifically to establish and adjust the plan for individual treatment of prisoners in a rational manner (hereinafter “examination of classification”), and the result of the examination of classification of prisoners.

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