1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 17, 2006, the Plaintiff was sentenced one year and six months to the Seoul Central District Court on the grounds that he attempted to proceed to a public order, violation of the Act on Promotion of Information and Communications Network Utilization and Information Network Utilization and Information Protection, etc. (information and communications network infringement, etc.), and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution, etc.). At the same time, the Plaintiff was sentenced to medical treatment and custody on the grounds that it is necessary to receive medical treatment in a state of mental and physical disability and danger of recidivism (Seoul Central District Court 2006Da583, 2006No16, 16). The Plaintiff appealed on the grounds of unfair sentencing and the illegality of the judgment on medical treatment and custody. The appellate court (Seoul High Court 2006No2759, 2006No71) accepted the allegation of unfair sentencing on March 8, 2007, and dismissed the judgment of the lower court,

3) The Plaintiff filed a final appeal, but the final appeal (Supreme Court Decision 2007Do2377, 2007Do6) dismissed the Plaintiff’s final appeal on May 31, 2007, and the said judgment became final and conclusive around that time (hereinafter “medical treatment and custody in this case”) (hereinafter “instant medical treatment and custody”).

B. B. On November 28, 201, the Defendant decided to temporarily terminate the instant medical treatment and custody (hereinafter “the provisional termination of the instant medical treatment and custody”), but revoked the provisional termination of the instant medical treatment and custody on October 11, 2013 by the Seoul Central District Court, which was sentenced to eight months imprisonment due to the instant injury, obstruction of performance of official duties, etc. (hereinafter “the provisional termination of the instant medical treatment and custody”).

2) On December 21, 2015, the Defendant decided to temporarily terminate the instant medical treatment and custody as of December 28, 2015 on the ground that “the continuous execution of medical treatment and custody is unnecessary in light of the Plaintiff’s progress of medical treatment and custody” (hereinafter “the provisional termination of the instant medical treatment and custody”) (hereinafter “the provisional termination of the instant secondary medical treatment and custody”)

(C) C. The Plaintiff’s revocation of the provisional termination of medical treatment and custody for the second time in the instant case is October 19, 2017.