손해배상(기)
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. The plaintiff's assertion
A. On August 10, 2015, the Plaintiff, who was admitted to the Seoul detention center, was sweaked to the left-hand upper part of the sweak (26 No. 26) due to the sweaking of the stones that was mixed with boomed.
B. Accordingly, on the 11th of the same month, the Plaintiff demanded the head of the Seoul detention center to provide appropriate medical treatment for the young children dispatched to him. However, the head of the Seoul detention center only took measures such as prescribing a son in temporary care, not giving proper medical treatment to the Plaintiff. The Plaintiff requested that the son be treated at her own expense in an external medical facility. However, without good cause, the Plaintiff neglected to give permission for more than four months so that the son becomes worse without good cause.
C. As a result, the Plaintiff’s condition aggravated, and thus, the Defendant is obligated to pay to the Plaintiff KRW 1,500,000,000, the sum of the expenses to be performed in the event that the Plaintiff generated the foregoing baby in the future, and the amount of KRW 1,50,00,00,000, the sum of the expenses to be performed in the event that the Plaintiff generated the baby in the course of compensation for damages.
2. Determination
A. Article 30 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) provides that a correctional institution shall take appropriate sanitary and medical measures necessary for prisoners to lead a healthy life. Article 36(1) of the same Act provides that a warden shall have prisoners receive appropriate treatment if a prisoner is injured or suffer from a disease. Article 37(1) and (5) of the same Act provides that where deemed necessary for appropriate treatment of prisoners, a warden may have prisoners receive medical treatment in an external medical facility outside the correctional institution, and where a prisoner has received medical treatment in an external medical facility due to his/her intentional injury or gross negligence, he/she shall bear all or part of the medical expenses.