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(영문) 수원지방법원 2019.06.28 2018나71786
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Judgment as to the main claim

A. On November 26, 2014, the Plaintiff’s summary of the Plaintiff’s claim was diagnosed by a doctor who was killed and wounded while performing a factory operation in prison in the Net Prison, and was in need of an operation at the time of a severe pain or physical exercise ability decrease.

Since then, although the plaintiff filed a complaint and requested several times to undergo an operation, in the net prison, the plaintiff did not explain the plaintiff's request, and did not sufficiently explain that the plaintiff's situation or the consent to general anesthesia is necessary even though the plaintiff's contact was made to the plaintiff's dong B. Thus, the plaintiff could not undergo an operation.

The above acts of the public officials in the net prison violate the Administration and Treatment of Correctional Institution Inmates Act, and as a result, the plaintiff suffered physical and mental harm, the defendant shall pay the plaintiff the medical expenses and consolation money of KRW 15 million as well as damages for delay.

B. On November 26, 2014, the Plaintiff complained of a certificate of Maguri in the course of the self-supporting correctional institution’s operation, and there is no dispute between the parties regarding the fact that the Plaintiff received the diagnosis that “if it is necessary to preserve drugs, such as medication, and it is confirmed that a severe pain or physical exercise ability has been lowered even after the date following the date, the public officials of the Macheon Prison transferred the Plaintiff to a nearby C Hospital, and undergo the precise inspection.”

However, only the above facts and the circumstances alleged by the Plaintiff, the Plaintiff complained of serious pains on and after November 26, 2014 to the prison and requested an operation.

It is not sufficient to recognize that an operation has reached a necessary state, such as showing physical capability or lowering physical capacity, and there is no other evidence to acknowledge it.

According to the purport of Gap evidence No. 2 and the whole arguments, the side of the net prison was transferred to the hospital again on December 8, 2014, and the plaintiff was given medical treatment, and the doctor in charge was given medical treatment.

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