1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 12, 2016, while being admitted to a three prisons in Gyeongbuk-do, C was sentenced to a fine of KRW 3,000,000 on February 16, 2017, and the judgment became final and conclusive on February 24, 2017.

(hereinafter referred to as "injury case"). (b)

On March 22, 2016, the Plaintiff filed an application for a compensation order against C, and the above court rejected the application for a compensation order along with the above judgment on the ground that “The scope of liability for compensation is not clear solely on the records of this case and the materials submitted by the victim, and it is not reasonable to issue an order for compensation in criminal trial proceedings.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 6, purport of whole pleadings

2. The Plaintiff asserted that the Plaintiff suffered mental suffering due to the Defendant’s medical malpractice, breach of duty to explain, and refusal to issue a medical certificate, and thus, the Plaintiff sought a consolation money of five million won and damages for delay against the Defendant.

① After the case of injury to the Defendant, a dentist, the dental infant was suffering from the treatment on February 19, 2016, and there were pains even after the re-treatment on April 5, 2016.

(2) The defendant did not fulfill his duty to explain prior to treatment.

③ The Defendant refused to issue a medical certificate on February 2, 2016 to April 2016, and failed to receive a compensation order in criminal trial proceedings.

3. Determination

A. The records of medical records (Evidence A No. 1, 4, and 5) and the report on the matters to be observed (Evidence A 2) submitted by the Plaintiff cannot be identified as to the Defendant’s medical malpractice and breach of duty to explain, and there is no other evidence to acknowledge otherwise.

In addition, as long as it is unclear whether the Plaintiff’s state of neglect has deteriorated due to the Defendant’s treatment, the Plaintiff’s assertion is difficult to accept.

(b) refuse to issue a medical certificate;