손해배상(기)
1. The part of the instant lawsuit, which requested suspension of execution of duties, shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. The Plaintiff’s ASEAN was detained in the Seoul detention center around July 24, 2015 in accordance with relevant criminal cases.
B. D, around July 13, 2015, refused food consumption from the time of emergency arrest, starting from the time of emergency arrest, and even after the unclaimed confinement.
As a result, D’s health risks occur, around July 31, 2015, the Seoul detention center had D undergo an external examination and examination, such as the internal diameter, at the F Hospital located in Ansan-gu E Hospital located in Ansan-si, and D thereafter was hospitalized in the above hospital as “low knium transfusion, other interference disorders, or acute stimulative disorder without blood transfusion or tent,” from August 3, 2015 to August 7, 2015.
C. Subsequent to that, D continued refusing to take food, and the Seoul detention center, on August 18, 2015, had D undergo outpatient treatment at the G Hospital located in Guang-si, G.
The defendant, the president of the C Hospital, was hospitalized into the Seoul Detention Center for the purpose of observation of progress due to interference with meals, etc. after treating D, and D was hospitalized into the C Hospital by the 21st day of the same month after receiving hospitalized treatment by the C Hospital.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, and 6 and the purport of the whole pleadings
2. On the legitimacy of the request for suspension of duty ex officio determination of whether the request is lawful, this part of the request is deemed lawful.
A lawsuit of formation aimed at forming the existing legal relations may be instituted only in the case where the law explicitly provides for the formation of a new legal relationship.
(See Supreme Court Decision 200Da45020 delivered on January 16, 2001, etc.). The Plaintiff, as the head of C Hospital, is likely to conceal evidence when the Defendant provided illegal treatment to D as the head of C Hospital, prepared false medical records, and continued to perform duties at C Hospital. As such, the Plaintiff sought suspension of performance of duties as the head of C Hospital until the judgment of this case became final and conclusive. Thus, this constitutes a lawsuit for formation for the purpose of forming the existing legal relations, which constitutes a provision of law.