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(영문) 대구지방법원 2019.03.28 2018가단15359
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 21, 2017, the deceased D (hereinafter “the deceased”) was detained in the Daegu District Court 2017Kadan4695 Decided November 21, 2017, and was detained in the Daegu District Court 2017Kadan4695, and was detained in the Daegu Detention House under the Defendant’s control, and on June 18, 2018, the Defendant was detained in the window of the ward, who heard the horses from a prisoner detained in the same ward on the same day on June 18, 2018, and was serving as the head in the window of the ward. In drinking, the

B. Accordingly, a correctional officer affiliated with the Daegu Detention House under the Defendant, in accordance with Article 110(1)2 of the Punishment Execution Act (where a prisoner who has considerable grounds to suspect that he/she committed an act falling under the grounds for disciplinary action is likely to inflict harm on others or needs to be protected from other prisoners, can be detained separately during the investigation period) of the deceased’s self-harm in order to conduct a relevant investigation, on the ground that the deceased was “an act of failing to comply with a correctional officer’s official instructions or orders, such as refusing to enter a designated ward” under Article 214 subparag. 17 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”).

C. On June 22, 2018, at around 13:36, the Deceased was found to a correctional officer in a state where he/she fastened his/her own timber at the lower end of the toilet in a solitary ward with eight persons and gets involved in suicide.

A correctional officer, on the face of a suicide prevention on the part of the deceased, took an emergency measure by putting the deceased in his/her room and putting him/her in his/her room, and had the deceased conduct cardiopulmonary resuscitation, etc., but the deceased died on the same day at around 14:13 on the same day.

As the mother of the deceased’s family member, the Plaintiff B and C, who is the mother of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3 and 5 (including provisional number), and all pleadings.

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