1. The instant lawsuit shall be dismissed.

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

(B) The Disciplinary Committee of Chuncheon Correctional Institution is currently confined to Chuncheon Correctional Institution on July 12, 2012, following the appeal against it (Seoul High Court (Cheongju) and the final appeal (Supreme Court Decision 2012Do4861). The following acts committed by the Plaintiff on March 19, 2020, are subject to the former Execution of Punishment and the Treatment of Inmates (amended by Act No. 16925, Feb. 4, 2020; hereinafter “former Execution Act”).

(2) Article 107 Subparag. 1 of the Punishment of Violences, etc. Act and other criminal laws are “an act contrary to the Criminal Act, the Punishment of Violences, etc. Act and other criminal laws,” and thus, the Plaintiff decided to impose a disciplinary measure of 30 days to the Plaintiff, which is set forth in Article 108 Subparag. 14 of the same Act. On the same day, the Defendant issued a disciplinary measure of 30 days to the Plaintiff (hereinafter “instant disposition”).

Article 2 (Omission)

2. On March 11, 2020, in B office around 08:35, 2020, the person alleged that he/she had fighting with one another, such as speaking or having a dispute, having the same inmate**** whether he/she has been detained in the same room due to a toilet change, etc., and punishing him/her. Thus, if a comprehensive judgment is made based on the work report in charge, the statement between the person in charge, the other party, and the reference witness, the above suspicion is recognized, and thus, the defect (Omission) as ordered.

C. On April 13, 2020, the Plaintiff completed the execution of disciplinary action following the instant disposition.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion of this case should be revoked on the ground that the following procedural defect is unlawful.

1) The Defendant committed an illegal act, such as disregarding a witness’s statement in favor of the Plaintiff, or manipulating evidence, even though the Plaintiff confirmed that he was assaulted unilaterally by witnesses. 2) The Plaintiff committed an act as stated in the grounds for disciplinary action of the instant disposition.