손해배상(의)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. According to Articles 30, 36, and 37(5) of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”), the head of a prison shall receive appropriate treatment where a prisoner suffers an injury or disease, and the prisoner is obliged to bear medical expenses only where the prisoner suffers an injury or disease due to his/her intentional or gross negligence and received medical treatment in an external medical facility.
B. However, despite being aware of the fact that the Plaintiff was suffering from serious pain due to the depression, public officials belonging to the Ansan prison under the Defendant’s jurisdiction did not prescribe the Plaintiff for an appropriate treatment. The Plaintiff did not neglect the Plaintiff’s emotional deterioration by refusing the Plaintiff’s request without any justifiable reason by refusing to allow the Plaintiff to bear part of the treatment costs, without intentional disregarding the fact that there is a provision of the same law as the preceding paragraph.
Even if the cost of such treatment is incurred, the head of the Ansan school in accordance with the purport of Article 37 (5) of the Punishment Execution Act should have the plaintiff receive an external medical treatment first, and then the burden of the medical expenses should be discussed later.
C. Ultimately, due to an unlawful act committed by the public officials belonging to the Ansan Prison, including the head of the Ansan Prison, the Plaintiff was in the status where 22 of the entire infant was planted because he was unable to receive any treatment for the friendship during the period of confinement in the Ansan Prison, and the Defendant is obliged to compensate for the damages suffered by the Plaintiff.
Even if it is not possible to deem that the head of the Ansan School does not perform his/her duty to receive appropriate treatment.