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(영문) 수원지방법원 2019.06.20 2018구합2071
징벌처분 및 정보비공개,부분공개결정처분취소
Text

1. Of the instant lawsuit, the information recorded in the separate sheet against the Plaintiff on September 17, 2018 by the Defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff was sentenced to imprisonment with prison labor for a total of three years and the sentence becomes final and conclusive ( August 4, 2019), and was selected in the course of technical training and skilled training at the Insified Vocational Training Correctional Institutions in the second half of the year 2018 (from July 2, 2018 to December 31, 2018), and was employed in the Insified Vocational Training Prison from June 29, 2018.

B. Around 09:40 on August 20, 2018, the Defendant conducted an occasional living room inspection. On August 20, 2018, the Plaintiff: (a) received one bring from B prisoners in the same living room who were released on parole on August 14, 2018, and arranged and kept bedclothess in the living room; (b) received one bring out of the prisoners released from the prison at the time of confinement in the guard house in the middle of December 2016 from C; and (c) consulted with the employees of the prison at the time of confinement in Ansandong Prison, and then received a written request from the employees to change the content of counseling, and then discovered detection of the act of taking custody in each part of the pen that was inside the ice ice stuffs in the living room (hereinafter “instant disciplinary action”).

C. On August 30, 2018, the Committee on Disciplinary Punishment, etc. of the Emotional Training Correctional Institution held a meeting to determine that the instant disciplinary action constitutes Article 107 Subparag. 6 of the Administration and Treatment of Correctional Institution Inmates Act (amended by Act No. 16345, Apr. 23, 2019; hereinafter “Punishment Execution Act”) and Article 214 Subparag. 15 and 17 of the Enforcement Rule of the Punishment Execution Act on the grounds that the instant disciplinary action falls under Article 107 Subparag. 6 of the Administration and Treatment of Correctional Institution Inmates Act (amended by Act No. 16345, Apr. 23, 2019), and the Plaintiff

On August 30, 2018, the Defendant notified the Plaintiff of the disciplinary measure (hereinafter referred to as “instant disciplinary measure”) seven days of the amount of the disciplinary measure (However, according to the inclusion of the period in the investigation period, the period of the disciplinary measure from August 30, 2018 to August 31, 2018) (hereinafter referred to as “instant disciplinary measure”).

E. The Plaintiff is the Defendant on September 5, 2018.

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