1. The plaintiff's claim is dismissed.

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

Basic Facts

As the plaintiff's child, the defendant is C's partner.

On October 21, 2015, the Plaintiff received medical treatment from a psychiatrist at the D Hospital, and was expressed that the Plaintiff was unable to be hospitalized due to the lack of risk of self-harm and injury that the Plaintiff revealed.

From October 21 to October 24, 2015, to October 24, 2015, the Plaintiff hospitalized the hospital with the consent of the Defendant and C, respectively, as a result of the combination of hospitals and the verification of other personality disorders, etc. from October 24, 2015 to October 30, 2015.

(hereinafter referred to as “instant hospitalization” in total). 【The former Mental Health Act” (Article 21 (1) of the same Act) (1) Any person responsible for supporting a mentally ill person or any guardian under the Civil Act shall be a person responsible for protecting a mentally ill person.

Provided, That no person who falls under any of the following subparagraphs shall be a legal guardian:

3. A person who is or has been a person who has pending or has filed a lawsuit against the mentally ill person and his/her spouse Article 24 (Hospitalization by Person Responsible for Protection) (1) A mental medical institution, etc. may have the mentally ill person hospitalized, etc. only where two legal guardians consent (in cases where there are only one legal guardian, the consent of one legal guardian) and where a psychiatrist judges that hospitalization, etc. is necessary, and he/she shall obtain written consent of hospitalization, etc. and documents to confirm that he/she is the legal guardian as prescribed by Ordinance of the Ministry of Health and Welfare when hospitalized

[Civil Act Article 974 (Duty to Support) The following relatives are obligated to support each other.

1. Among lineal blood relatives and their spouses;

2. Deleted;

3. The former Mental Health Act (amended by Act No. 14224, May 29, 2016; hereinafter “former Mental Health Act”) and the provisions of the Civil Act related to this case among other relatives (limited to where a person lives together with another person) are as follows:

[Reasons for Recognition] Unsurged Facts, including Gap evidence Nos. 21 to 26, 32, and hereinafter, shall be limited to the extent that there is no dispute.