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(영문) 수원지방법원 2016.06.28 2015구합2988
징벌처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 3, 2015, the Defendant issued a warning to the Plaintiff pursuant to Article 107 subparag. 1 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) on the ground that the Plaintiff violated the discipline by fighting with a prisoner of the same ward and his/her horse or dispute with the same person.

(hereinafter “instant warning disposition”). The Plaintiff received the notice of execution on the same day.

B. On July 16, 2015, the Defendant rendered 22-day disposition against the Plaintiff pursuant to Article 107 of the Punishment Execution Act and Article 214 subparag. 14 and 15 of the Enforcement Rule of the same Act, on the ground that the Plaintiff, who had a dispute with another prisoner at the end of the same ward’s minor end, obstructed the peaceful living of other prisoners and violated the discipline by giving and receiving goods from other prisoners without permission.

(2) The Plaintiff received the notice of execution on the same day. The Plaintiff received the notice of execution on the same day. The Plaintiff received the notice of execution on the same day.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The Defendant’s determination as to the legitimacy of the instant lawsuit is unlawful, since the instant lawsuit was filed after the lapse of 90 days from the date on which he/she became aware of each of the instant dispositions.

In light of the above facts, the Plaintiff came to know that the instant warning was issued on July 3, 2015, and that the Plaintiff became aware of the instant penalty disposition on July 16, 2015. However, the Plaintiff filed the instant lawsuit on October 19, 2015, which was apparent that the lapse of 90 days thereafter, and barring any special circumstance, barring any special circumstance, the instant lawsuit is unlawful as it exceeds the period for filing the lawsuit.

As to this, the Plaintiff submitted the instant complaint to the Defendant on October 14, 2015, which was from July 16, 2015 to 90 days.

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