1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a person who was sentenced to 15 years of imprisonment with prison labor for murder and was detained in an original prison.

B. The Plaintiff was confined in Busan Correctional Institution from December 11, 2012 to December 10, 2015. However, during the foregoing period from March 2, 2013 to September 2015, the Plaintiff is always placed in solitary confinement for the purpose of protecting the lives and bodies of prisoners in solitary confinement for safe guard, or maintaining the security and order of a correctional institution and prohibiting contact with other prisoners.

Provided, That this shall not apply where necessary for investigation, trial, outdoor exercise, bathing, meeting, medical treatment, etc.

was in the state.

C. According to Article 34(1) of the Administration and Treatment of Correctional Institution Inmates Act and Article 51(1) of the Enforcement Decree of the Punishment Act, medical examinations shall be conducted for prisoners at least once a year, and medical examinations shall be conducted for prisoners under solitary confinement, such as the Plaintiff, at least once every six months.

Busan prison is conducting a medical examination (hereinafter “the first medical examination”) by requesting all prisoners to an external medical institution. The Plaintiff did not refuse each first medical examination that was held during the period of confinement in Busan prison as seen above and did not receive it. D. Busan prison did not request an additional medical examination (hereinafter “the second medical examination”) to a medical institution affiliated with the Busan prison (referring to a medical doctor working for a correctional institution) rather than requesting an external medical institution, such as the first medical examination.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The second medical examination conducted for prisoners under solitary confinement for the safe guard of the plaintiff also should be conducted to the same extent as the first medical examination or to the corresponding extent.

However, the plaintiff is living in solitary confinement for safe guard as above.