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(영문) 수원지방법원 2012.01.12 2011가합18706

손해배상(의)

Text

1. The Defendant: (a) on November 2, 2010, against the Plaintiff A, KRW 5,000,000 and each of the above amounts to the Plaintiff B and C, respectively. < Amended by Presidential Decree No. 22490, Nov. 2, 2010>

Reasons

1. Facts of recognition;

A. (i) The Defendant is the president of the F Hospital located in the Gansi District E (hereinafter “Defendant Hospital”) where the Plaintiff was hospitalized and received treatment, and was a psychiatrist and a doctor of the Plaintiff A.

Shed Plaintiff B is the spouse of Plaintiff A, and Plaintiff C is the children of Plaintiff A.

B. Plaintiff A’s hospitalization and accident occurred (i.e., the Plaintiff A’s hospitalization at the Defendant Hospital around early 2010, and Plaintiff A was hospitalized at the H mental hospital located in Young-gu G at early 2010, and was treated for about one-month period. After the discharge, Plaintiff A was hospitalized at the Defendant Hospital, considering the symptoms of mental fission, such as cryptism and the network around October 2010.

B. At around 14:30 on November 2, 2010, Plaintiff A participated in the patient care program conducted on the fifth floor of Defendant Hospital, and there was an accident where Plaintiff A was frighted to take the rail of steel pents installed on concrete fences, and went out of the bottom (hereinafter referred to as “instant accident”). Plaintiff A suffered injuries, such as diversified alley and fright, etc., due to the instant accident.

C. Before the occurrence of the instant accident, the Plaintiff’s behavior and statement (i.e., the Plaintiff’s purchase of the face of the guardian at the time of hospitalization to the Defendant Hospital, etc. A showed violent inclinations, such as selling the face of the guardian at the time of extreme interest. The Defendant implemented isolation and coercion against the Plaintiff on the ground of self-harm and possibility of persuasion.

B. On October 23, 2010, the Plaintiff A had shown the extreme interest again, and the isolation and coercion was enforced. On October 30, 2010, the isolation and coercion was enforced when Plaintiff A had been drinking together with the neighboring patient and the Si reserve.

Article 22(1) of the Civil Act provides that “A person who is suffering from mental illness in the hospital shall be punished by imprisonment with labor without labor or imprisonment with labor or imprisonment with labor or imprisonment with labor, or by imprisonment with labor or imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor.”