(영문) 서울중앙지방법원 2015.5.20.선고 2012가합501276 판결

1. The defendant's attached Form 2. Claim amount and amount of recognition in attached Form 2. The defendant's seal of "Plaintiff" to each of the plaintiffs listed in the "Plaintiff" column.

The term “fixed amount” means each amount described in the column and 5% per annum from April 15, 2015 to May 20, 2015.

shall pay 20% interest per annum from the next day to the day of full payment.

2. Attached 3. List and Attached 4. List: The plaintiffs' remaining claims in Attached 4. List and Attached 5.

The plaintiffs' claims listed in the "List" are all dismissed.

3. Of the costs of lawsuit, Attached Form 3. List of Plaintiffs 3. 7/10 of the part arising between each Plaintiffs and the Defendant as indicated in Attached Form 3. 3. List of Plaintiffs

A. The remainder shall be borne by the above plaintiffs, and the remainder shall be borne by the defendant, and the plaintiff listed in the separate sheet No. 4.

6/10 of the portion arising between the above plaintiffs and the defendant are borne by the above plaintiffs, and the remainder by the defendant;

Attached 5. List 5. The part arising between each of the plaintiffs and the defendant in the Schedule 5. The above plaintiffs' burden.

of this section.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendant shall pay to the plaintiffs the amount of the claim and the amount of the claim stated in the attached Form 2. The amount of the claim and the amount of the award stated in the column.

For this, 5% per annum from January 1, 1950 to the date of the pronouncement of the judgment in this case shall be 5% per annum, and Da from the following day:

Until the date of full payment, 20% interest per annum shall be paid.

Reasons

1. Basic facts

A. Both the plaintiffs (in the case of the plaintiff who died, referring to the deceased) suffered from Hansen's disease.

People who are operated and controlled by the Defendant for the treatment and isolation of Hansen's disease patients.

Soudo Hospital1), Busan Family Hospital (Sariwon), National Ilsan Hospital (Sariwon), National Dolsan Hospital (Sariwon), National Dolsan Hospital (Sariwon), and Baridong

Woo-wons, Woo-suwons, Woo-suwons, Woo-suwons, etc. (hereinafter collectively referred to as "Yeodo Hospital, etc.") 2)

People who were hospitalized are all people.

(b) Inspection of the truth of persons affected by Hansen's disease cases enacted by Act No. 8644 on October 17, 2007 and the victims thereof;

Act on Active Assistance, Etc. (the full text is as shown in Attachment 6.; hereinafter referred to as "Act on Persons Affected by Hansen's Disease");

(hereinafter referred to as the "Fact-Finding Committee") established by the Commission for Finding Persons affected by Hansen's Disease (hereinafter referred to as the "Council for Finding Persons affected by Hansen's Disease") shall be in attached Form.

3. Each column of "Plaintiff" in the list (the list of plaintiffs suffering from spawn damage) and the list (the list of plaintiffs suffering from spawn damage) annexed 4.

B. Each of the plaintiffs (hereinafter referred to as "the plaintiffs from the type of the instant single or the abortion of this case") this National Cemetery, etc.

During the period of isolation from the defendant, he/she was forced to be subject to a sloping or abortion operation by the defendant.

For reasons of this, the relevant plaintiffs were admitted as victims of human rights abuse cases under the Act on the Protection of Persons affected by Hansen's Disease.

was.

C. With respect to Hansen's disease, the outline of generally known medical knowledge is as follows:

1) As a Type 3 communicable disease (contagious disease) infected by Maycobacter leum lerae),

' 나병 ( leprosy ) ( 顔病 ) ' 이라고도 한다 . 주로 피부에 나타나는 침윤 ( 浸潤 ) · 구진 ( 丘彦 ) · 홍

반 ( 紅斑 ) · 멍울 등과 지각마비 ( 知覺麻庫 ) 를 가져오거나 말초신경을 주로 침범하고 , 경

우에 따라서는 기타 부위의 조직에 침범하기도 한다 . 한의학에서는 가라 ( 琉嬪 ) · 풍병

( 風病 ) · 대풍라 ( 大風嬪 ) 라 하였고 , 치료가 불가능했던 시대에는 문둥병 또는 천형병 ( 天

The term "criminal disease" was defined as a type of crime.

2) The spawn in the 1871 Norway’s A. G. H. The organization of Naba patient’s Naba

finding that there is anything that it is, and finding that there is anything, it is not a genetic disease but a genetic disease by ordering 'Bacccius leprae' in 1874.

In addition, it was revealed that it was a salt disease (in 1873, it is generally found that it found a virus in 1873.

under the name of "Balk'," and there is discrimination and prejudice against "Balk's".

In recent years, it is called ‘ Hansen's disease'.

(3) Hansen's disease has been contacted for a long time with discharged germs for patients who have not been treated.

D. However, since all the world population has a natural resistance against Hansen's disease, 95% of the world population has a natural resistance.

Even if they enter the body through the skin or the respiratory body, they shall not be easily seen. In particular, they shall not be placed in the body.

After the 1941 Edapone (dapone, 4, 4' - darmino - Druml Sulfone (DS)) invention

5th international convention held in Cuba in 1948, which was classified into diseases that can be completely cured; or

Hansen's disease(sulfone) determined to use sulphon hand as a treatment system for Hansen's disease.

The Act on the 16 April 1956 was a major electricity for treatment. The Act on the Elimination of Patients at the Rome conference was a discriminatory law for the patients.

Closure, strengthening education on enlightenment for sick and wounded, early detection and treatment of sick and wounded patients, correction of isolation confinementism, and breath;

In order to protect children, to support their return to the society, etc., the term "incompetence of compulsory isolation of patients" is called "incompetence."

and the resolution to return to society (the so-called Rome Declaration) " has been adopted (this meeting is held by us).

In the 1970s to 1980s, the Republic of Korea also participated in the Republic of Korea. The Republic of Korea has a strong period of time between 1970s to 1980s.

MDT (e.g. multidrus, kylpas, Cropis, softs, etc.) to bottled them.

Most of the medical treatment is completely cured with the use of the Consolidated Treatment Act, and in recent years the discharge of bracks.

the patient, even if he/she wears 600 g of 10,000 square meters, he/she is in the body

It is known that 99% of men's disease patients lose chronological power. Therefore, it is extremely high among the total Hansen's disease patients.

Some patients shall be infected only, and after the commencement of medication, they shall not become infected sources. In the early stage, they shall not become infected sources.

Detection at the time of discovery, treatment is easily given, and today's species are freely produced, such as general patients.

In addition, Hansen's disease was designated as a legal contagious disease of Type 3, but is isolated.

No necessary disease shall be nor infected by sexual contact or pregnancy.

4) Hansen's disease is particularly treated with the following reasons while suffering from a disease in the imposed area.

○ Manbi shall be chronicly reproduced, with a longer locked period from nine months to twenty years; and

for a long period of time. The medical development of the patriarche is more difficult to artificially cultivate the patriarche in the laboratory.

The bomb has been in progress. The bomb has been spreaded due to the gal damage caused by the peculiar invasion of the bomb.

(1).

(1) A disease specifically infected by ○ (hereinafter referred to as “patch”) and that moves to another person only.

and may be infected by the skin or the respiratory system. The only is it impossible to track the chrone route.

of clinical patients as epidemic management is limited only to clinical patients; progress of sick, symptoms, medical treatment, etc.

The correlation between human immunity and bomb shall depend on the correlation between human immunity, and the body from the case of natural therapy.

Where part of the disease is limited, it is diverse, such as spread to the telegraph.Bamer's disease is a society in addition to disease itself.

It is a scientific and mental disease that has a problem of melting community life as a social and mental disease.

5) Hansen's disease is found early and treated so that it can be completely cured without a short period of time.

A. However, when early treatment is set, the treatment period of a sick person also extends, and a sick person's progress.

use of an anti-paragraph (b) or b) with medical treatment, and b) with any b) or b) with any alternative

Medical treatment, the prevention of eye or fingers, and the correction operation of a father who has already become a dynasium.

○ Paragraph B, there was prone, Sib, DNA, etc., but recently, Pampers (DS), and Pampers

Favour (rifamicin), laprene (laprene), protea maides, etc.

As in the past, the form of long-term treatment is not in the form of a single law, but in combination with two to three types of drugs.

It is a form of treatment of MDT that is strongly administered within a short period.

○ The reaction treatment is very important not to use directly a port or chemical. The sex of a brheating treatment

Sheet may measure the baloth of the disease treatment, determine the degree of the balone, and control medicines with medicine;

Various aspects, such as the Stemon No. hormone, anthalid (thalid) and anthalid (thalid).

○ Primary inception, which is inevitable due to bomb inception for preventive treatment

Pursuant to the efficient application of treatment, the second influence is dependent on the patient or doctor's detailed observation of the second influence.

It is possible to prevent by the gymmetric method.

○ The face and fingers of the king shall be corrected by a sexual or scarcity, and shall be corrected by a scarcity;

Through this, it is possible to improve the U.S. dollars or labor force of the mother for rehabilitation.

6) In Korea, from 1947 to 1947, pro ratas (DS) of DSS Act began to be introduced.

In around 1955, there is a little controversy over the time when sled sledphones were used.

However, it is known that it was introduced in full scale in 1953. In particular, there is a small amount of investment.

The use of fluent DSS k's response hand, which is possible to re-medical treatment through mobile treatment and outpatient treatment.

In many cases, Hansen's disease is completely cured due to the law alone as a result of rapid decrease in the high spawn index.

From the beginning, I began to be recognized as a disease that can be completely cured. However, the answer has somewhat adverse effects and effects.

2. 5 to 6.8% of the resistantity was known, and there were rare recurrences. From the 1980s.

As a result of the use of the MDT Act, 99% 199% of Mad's 999% was killed, and the recurrence rate was significantly lowered.

In the 1980s, Hansen's disease is classified into disease completely cured unless there are special cases.

Since the 1990s, Korea has implemented 100% MT for patients with Hansen's disease.

(a)in 199, patients with Hansen's disease patients as defined by the World Health Organization (WHO).

for one year, 21 patients suffering from total Hansen's disease, 704 patients being treated, and excluding new patients.

The remainder shall be deemed to be a person whose treatment is completed when applying the short-term treatment policy of the WHO.

Therefore, in the case of a registrant who completed the existing MDT, it can be determined that all is not a patient.

According to the WHO recommendations, the disease rate per population of 100,000 does not exceed 15 persons.

In the 1980s, it is classified into a country of le prosy elism, and in Korea, Hansen's disease discharge in the 1980s.

The country was classified as a country.

7) The number of persons affected by Hansen's disease registered in Korea was recorded on 38, 1969 and 229, but thereafter.

In 204, 16,290 persons affected by Hansen's disease were reduced, and as of 2012, 12,323 persons affected by Hansen's disease were all affected by Hansen's disease.

(c) Of them, patients suffering from Hansen's disease (2. 1%) who are 255 persons (2. 1%) and the remainder is all existing sick persons.

by age, 70 to 7, 521 (61%) 60 3,094 (25 per cent), 50 1,383 (11 November 2),

40 Price 27 277 (2.3%) 30 Price 41 (0.3%) and 20 Price 7 (0.1%). From 201 to 2010

by the year, 36, 2001, 22, 202, 17, 2003, 17, 2004;

15, 15, 2006, 12, 2007, 12, 2008, 5, 2009, and 6, 2010.

[Grounds for Recognition] Unsatisfy Facts in this Court, Gap's 1 through 12, 18 through 53, 55

Certificates of heading 154 through 124, 126 through 152, 154 through 161 (including numbered numbered

(A) Each entry and the purport of the entire pleadings

2. Occurrence of liability for damages;

A. The parties’ assertion

The Plaintiffs, as they have investigated and decided by the Fact-finding Commission established under the Act on Persons Affected by Hansen's Disease.

The defendant is isolated from the National Dondo Hospital, etc. that he operates, and the hospital's significance is isolated.

Private history, etc. shall force the plaintiffs to do so without any legal basis.

As such, due to mental suffering suffered by the plaintiffs due to the above public officials' illegal acts

It asserts that there is a liability to compensate for damages.

The defendant mainly aims to provide living assistance to persons affected by Hansen's disease;

result of the fact-finding committee’s investigation conducted solely on the person’s statement or hearsay evidence;

It is only unfair to recognize that the plaintiffs were forced to receive a single-class or abortion operation.

In addition, medical personnel belonging to the defendant, even if at the time, conduct a single- or abortion operation to the plaintiffs.

even if they were to have obtained the consent of all the parties, at the prevailing level of medical care:

It was inevitable to prevent infections of Hansen's disease and to take inevitable measures in consideration of the limit of admission to hospital, etc.

this article argues that there is no illegality.

B. Determination as to the plaintiffs who suffered from the type of the instant single or abortion in the instant case

1) Relevant legal principles

‘Act on Persons Affected by Hansen's Disease' ascertaining the truth about cases involving persons affected by Hansen's disease and relevant victims;

The purpose of this Act was to promote human rights enhancement and livelihood stability by providing support to them.

(Article 1) . . . .. .. ... .... ..... .... ..... ......

Matters concerning the examination, decision, etc. of a victim with respect to a case falling under subparagraph 3 shall be deliberated and resolved.

shall consist of not more than 20 members, including representatives affected by Hansen's disease, and shall be established under the Prime Minister.

(Article 3) Fact-finding investigations into damaged cases and examination and determination of victims as prescribed by the Act on Persons Affected by Persons Affected by Hansen's Disease;

section 13 of the Civil Procedure Act shall apply to any civil action against the State in its purpose and

There is a difference between the fact that there was a decision made by the committee for ascertaining the truth and the fact that there was such decision.

Without examining the relevance, credibility, etc. of grounds, all such persons shall be subject to a tort.

the State's illegal act of the State resulting from a final and conclusive determination of the existence of the

It cannot be viewed that the above liability should be recognized.

Provided, That any damage to the State, such as an investigation report, investigation report, investigation report, etc. by the Truth Inspection Committee

In a civil suit claiming compensation, there may be no special reason to the effect that there may be sufficient evidence.

c) the overall flow of the subject case and present circumstances and the overall contents of the case

Although there is considerable credibility, an investigation report or investigation by the fact-finding committee shall be conducted by the investigator.

Judgment on the existence of facts solely with the content of the review report or the fact-finding report

(2) Other statements, documents, etc. submitted to the Finding Committee

other additional evidence, etc. submitted in the course of the proceeding shall be examined individually by the original data of the court;

It is necessary to jointly examine and determine the authenticity of the facts (Supreme Court Decision 201Do145 Decided May 16, 2013).

2012Da202819 en banc Decision, etc.).

2) In the instant case, the Plaintiffs who suffered from the instant single type or abortion surgery by the articles of incorporation at the National Dondo Hospital, etc.

Whether pregnant women have undergone an operation for abortion;

A) Of the Plaintiffs from the instant single-type and abortion damage, Plaintiff Kim Jong-tae, Kim Tae-tae, Nam-tae, Lee Jae-chul, Lee Jae-chul,

There is no dispute between the parties as to the fact that Lee Jong-chul, Bocheon-gu, and Haak-gu have undergone an operation to reduce the articles of incorporation.

As to the rest of the plaintiffs, the plaintiffs who suffered from the type of the instant case, the type of the instant case, and the type of the defendant's transport

Section 1-B. As described in paragraph 1-B., the articles of association operation shall be conducted at the National Dondo Hospital, etc. under the jurisdiction and control of the Decree; or

the Commission to Finding the Truth of Persons Affected by Hansen's Disease with the content of finding that he/she was subject to abortion operations;

The Chairperson of the Council (hereinafter referred to as the "Working Committee") sent to the Plaintiffs from the type of the instant case and the abortion damage.

Examination submitted by the chairperson of the working committee to the chairperson of the committee for fact-finding;

Each statement of the results of fact-finding prepared by the investigator of the working committee shall be made by the fact-finding committee.

review and significance by reviewing closely the basic data submitted to the truth-finding committee as an official document of the Commission;

As a result, there are sufficient evidence in the civil litigation of this case, unless there are special circumstances.

shall be the corporation.

B) The investigator of the working committee in charge of the instant case on behalf of the plaintiffs and their guarantors who suffered from the loss of abortion of this case

each interview and investigation report stating the answer, and that the above plaintiffs prepared and submitted to the working committee

The victim's report, the statement of his/her own statement, the guarantor's letter of guarantee of the fact of damage, and the above plaintiffs

Each entry of the statements by the legal representative after hearing the above plaintiffs' statements is stated by the above plaintiffs' Switzerland.

Sro’s statement and the above Plaintiffs, couple’ or neighbors’ or relatives are primarily the Plaintiffs.

From this point of view, the above plaintiffs' statements are to state their opinions. However, all of the plaintiffs' statements are to state their opinions.

In other words, their respective statements are replaced because they talk about the experience that is difficult to be forgotten in their lives.

the articles of incorporation, operation, and pregnancy, are also persuasive.

A false statement about the fact that all operations remain sckes in body and have undergone the operation.

B. In addition, the statements of the guarantor are also from the above plaintiffs long time.

They appear to be natural, and take into account the fact-finding investigation and litigation, etc.

It does not seem to be a statement consistent with the plaintiffs and horses, and they have directly observed them.

In addition, it seems that the content can be believed as a substitute. Although the above plaintiffs or beams do not seem to be above, they can be believed.

The articles of association, the time of operation or abortion operation among the respective statements of the witnesses, and the time of their respective statements;

Although there are somewhat differences in the detailed contents such as the reasons why it was done, the plaintiffs and the guarantors are the above plaintiffs and the guarantors.

A person who has been aged and has not improved the level of education as a whole, and the late 1940s, a total of 1940s

Considering that it is a statement to memory a crime between the mid-1980s and the mid-1980s;

Only because there is a somewhat different difference in the above, their credibility of their statements are without permission.

and at least the above plaintiffs' articles of incorporation in the National Dondo Hospital, etc.

In the case of itself that he has received an alcoholic beverage or a pregnancy surgery, he has made a contradictory statement or made a false statement;

It is difficult to find out circumstances to view that it is difficult to find.

C) In addition, the Naba management card for the Plaintiffs who suffered from the instant single type or abortion, and the Naba management card for the Plaintiffs

Medical conditions, surgery site, articles of association operation name team, beds record card, etc. of the above plaintiffs' national smallest hospital, etc.

The name of all materials that can identify the timing of admission, the month of outbreak, the career of treatment, the date of surgery, etc., and which can identify the truth;

The Commission’s decision and the statements of the plaintiffs and the guarantors are objectively supported.

(2) The statements are consistent with the statements of the above plaintiffs and the guarantor, and are in concrete contents.

Even if there is a somewhat different difference, the National Cemetery, etc. at the time when the above plaintiffs asserted.

In the articles of incorporation, parts that can be seen as contradictory to the facts that the articles of incorporation was performed or performed by abortion;

It is difficult to find it.

D) 'The status survey on human rights of persons affected by Hansen's disease published by the National Human Rights Commission of Human Rights' (No. A. 1), and the National Cemetery Islands

[No. 2] [No. 4] [No. 1] [No. 4]] and “No. 80 (No. 2)” published by a hospital (No. 1)

5 No. 5) The entries and the entire pleadings of the Korean History (Evidence A No. 8) published by the Korean Association of Korea

Comprehensively taking account of the intent of the above, the Defendant’s operation for the treatment and isolation of persons affected by Hansen’s disease since the Japanese occupation;

by official rules, rules, policies, etc. until the 1990s in Korea National Hospital, etc.

In principle, in cases where married couple live together, the operation of the National Cemetery

The provisions of the Regulations stipulate the provision on the prohibition of pregnancy and childbirth of persons affected by Hansen's disease and within the National Cemetery, etc.

Medical instructors to a certain extent among persons affected by Hansen's disease, medical doctors or nurses, and persons affected by Hansen's disease who have been prohibited from giving birth to such persons.

by medical assistants, etc. to whom land was received, an officially performing the operation of the articles of incorporation by 192

There is records, and the fact that abortion has been openly performed during the late 1980s, etc. can be recognized.

(2).

E) On the other hand, in the case of the Plaintiff’s class, the Plaintiff’s class, the knife, the knife’s class, and the knife class, each of them

A, A, 20, 53, although there are children born after the time of the operation of the articles of incorporation;

According to the statement of No. 62, each child's home (the plaintiff's home class, the plaintiff's classical class, the hiver class, the hiver class, the hiver class) or

Adoptions (Plaintiffs Park hee-hee) may recognize the facts corresponding to adoptions.

F) In full view of these factors, the Plaintiffs who suffered from the type of the instant single-party 1 and abortion in the instant case

[Attachment 3. List 3. Between 1947 and 1986 and between 1947 and 1986, the list "" column or the list 4.

List of Attached 3. A list and Attached 4. A list of the defendant's operation and control around the time of each entry in the column.

each of the "damage Areas" described in the column shall be a medical doctor, nurse, medical assistant, etc. to which the hospital belongs, or a nurse or medical assistant.

From the articles of incorporation, facts that have undergone a climatic operation or a climatic operation may be recognized.

3) Medical doctors, etc. belonging to the defendant to the plaintiffs from the type of the instant simple and abortion in its articles of association;

Whether performing prudent surgery is illegal

A) Legal grounds and constitution

(1) All citizens shall have dignity and value as human beings and the right to pursue happiness.

and the State shall have the duty to verify and guarantee the fundamental human rights of individuals.

(Article 10 Section 4 of the Constitution). All nationals shall have physical freedom (Article 12 Section 1 of the Constitution), and

Body freedom, along with mental freedom, realizes human dignity and value, the core of the constitutional ideology.

The most fundamental freedom for the institution is the premise for the guarantee of all fundamental rights (the Constitutional Court 192.

4. The party whose body is damaged, see, e.g., 90Hun-Ma82, supra);

‘Right not to be entitled' is the basic right of human life, in its nature, along with the right to life, which is the body of the person.

The most essential part of the freedom of marriage and family life can be said to be the most essential part.

shall be established and maintained on the basis of human dignity, and the State shall guarantee this and protect motherhood;

have a duty to make efforts and all citizens shall be protected by the State with respect to health (Constitution).

§ 36) 6)

However, according to Article 37(2) of the Constitution, all freedom and rights of the people shall be guaranteed by:

Only when necessary for the maintenance of order or public welfare, the law may be limited, but 7)

Even if this is restricted, the essential contents of the freedom and rights shall not be infringed. 8)

(2) The plaintiffs who suffered from the instant single type or abortion in the instant case must be nationals of the Republic of Korea.

For the reason that the State has suffered from Hansen's disease or suffered from the same right under the Constitution, the State's law

There is no theoretical doubt that the case may not be infringed without justifiable grounds in this case.

Provided, That the law enforced during the period from 1947 to 1986, which had been an act of abortion;

In terms of prevention of infectious diseases, basic rights of human rights affected by Hansen's disease can be limited to a certain extent.

This Act has the degree of the old Prevention of Contagious Diseases Act and the old Mother and Child Health Act.

Based on the basis of whether persons affected by Hansen's disease can conduct an Articles of Incorporation or conduct a climatic surgery.

shall be examined as to parts.

(B) The former Prevention of Contagious Diseases Act (Law No. 308, February 28, 1957) enacted on February 2, 1954

There is a relatively low number of infectious diseases with respect to ‘bick' (Article II(1)).

9) At the same time, the patient discovery, the body autopsy, and the diapers (exploiting) with respect to 'bal disease' among Class 3 infectious diseases;

Medical treatment, death, or change of address) obligation to report in the City (Article 4(1) and Article 6) to receive medical treatment after being isolated;

Obligations and the prohibition of escape (Article 29(1)10), Article 56(3) and Article 56(3)

34, Article 35), compulsory action (examination, diagnosis, accompanying treatment, or isolation within a place such as a home, ship, etc.);

Article 42) Provisions that limit substantial part of the basic rights of patients by becoming the object of Hansen's disease (Article 42)

was placed.

However, any of the above provisions is against the intention of Hansen's disease patients.

There is no legal basis for performing a climatic operation or a climatic operation: Provided, That there is no basis for the legal basis for performing a climatic operation.

Article 26 of the former Prevention of Contagious Diseases Act provides that the Director of the Medical Service for Class 3 Contagious Diseases shall determine by the competent Minister.

to the extent that it is necessary to maintain the order of the in-patient, "which is prescribed by the court, which is a national institute."

The provision of internal regulations in the Madodo Hospital, etc. and the so-called disciplinary action against the hospitalized person at other discretion.

It seems that it had been the legal basis for adding ‘the right of inspection' to ‘the right of inspection'. However, the intention of the in-patient is the intention of the patient.

On the contrary, 'measures necessary for maintaining the above' to conduct an operation for saving the articles of incorporation or to conduct a abortion operation.

purposes of limiting fundamental rights, as well as legitimacy and method of limiting fundamental rights, that cannot be considered to be included in the category of such restrictions;

It is difficult to allow in any aspect such as appropriateness of damage, minimum damage, balance of legal interests.

Moreover, the former Prevention of Contagious Diseases Act was amended on February 9, 1963 (Law No. 1274, March 12, 1963), amended on March 12, 1963

(2) At the time of discovery of patients, postmortem examination, transfer (including discharge, treatment, death, and change of address) under the above provision

Liability to Report (Articles 4(1) and 6), prohibition of the movement of a corpse and the obligation to cremation (Articles 34 and 35), and compulsory measures (a disposition)

'Bick' in the case of investigation, diagnosis, accompanying treatment or isolation within the place of a ship, etc. 'bick' in the case of Article 42

The provision of compulsory isolation was excluded from this subject, and "the Ordinance of the Ministry of Information and Communication among Class 3 infectious disease patients."

A person who is in quarantine and shall receive treatment, and any other contagious disease patient shall be isolated from his/her own disease.

11) Although Article 26 of the former Prevention of Contagious Diseases Act (Article 29(2) and (3) of the same Act has been mitigated as "(Article 29(2) and (3)."

The right to maintain the order of the head of the sanatorium set forth in the letter has been maintained as it is, but the same as on February 9, 1963.

Even under the former Prevention of Contagious Diseases Act, the State against Hansen's disease patients against their will

There is no basis for performing the articles of association, abortion operation or abortion operation.

The former Mother and Child Health Act (Law No. 2514, May 10, 1973), enacted on February 8, 1973 12)

A physician, where she or her spouse suffers from any contagious disease prescribed by Presidential Decree, she or her spouse;

With the consent of both the spouse and the artificial abortion operation (Article VIII(1)2);

As a result of the diagnosis of a patient, the doctor confirms that the patient has been affected by the disease prescribed by Presidential Decree, and the quality thereof;

The public interest is to conduct an infertility operation for a person in order to prevent the spread or infection of a refund.

If it is deemed necessary, the Minister of Health and Welfare shall not be appointed in accordance with the Presidential Decree.

A report on the detection of a person subject to an operation, and the Minister of Health and Welfare in receipt of such report shall report.

(b) provide that the patient may be ordered to undergo a fertility surgery, as the case may be;

In the former Enforcement Decree of the Mother and Child Health Act (Presidential Decree No. 6713) enacted on May 28, 1973, its infectious diseases

The term "contagious Disease Prevention Act" means any contagious disease provided for in Article 2 (1) of the Prevention of Contagious Diseases Act (Articles 3 (3) and 4 (1).

3) Class 1 to 3, including Hansen's disease, in the case of diseases subject to the above induced abortion surgery and sterile surgery

All contagious diseases include contagious diseases.

According to such provisions of the former Mother and Child Health Act and the Enforcement Decree of the same Act, the same shall apply.

In the case of a person who has been recovered from a contagious disease, he/she may perform an induced abortion operation, but he/she and she must be equipped with;

With the consent of the friendship, and in the case of an infertility operation, it may also be done against the will of the person, but it may also be done against the latter;

In all cases, health is required through the deliberation of the Deliberation Committee on Family Planning (Article 4(4) of the Enforcement Decree of the Act).

order of the Director of the Social Department shall be made by the order of the Director of the Social Department and shall also be made by the proceedings with the qualifications prescribed.

(Article 5 of the Enforcement Decree) 13)

(3) Accordingly, the type of the instant case by its affiliated doctors, etc., such as the National Cemetery;

the articles of incorporation, operations or pregnancy operations conducted against the plaintiffs shall be limited to:

The legality can be the only one of the parties.

Where the consent or consent is obtained by the free will of the principal.

○ For the purpose of the free will of each individual citizen in the case of the Articles of Incorporation Section 20

To reduce its articles of incorporation d to the category of self-determination on the body, sex and family life;

(1) As such, even if a public official processed or encouraged such processing, it is deemed unlawful.

It is difficult to do so.

○ In the case of a pregnant abortion operation, with the consent of the principal and his spouse after around 1973.

In the case of the Mother and Child Health Act, it may not be illegal for the purpose of preventing infectious diseases under the Mother and Child Health Act.

Before the point of time, abortion itself is a crime 14 even if one's consent exists.

If a public official is processed or encouraged to do so, he/she is exempted from the responsibility to commit the crime of aiding and abetting or abetting.

However, if the party voluntarily consented, the party's tort is limited to the State under the good faith principle.

It is difficult to claim damages by asserting that it is difficult to claim damages.

In the absence of the consent or consent of Q Q himself

○ In the case of an operation on the articles of incorporation, the principal’s Dong between around 1973 and 199

The Minister of Health and Welfare shall, even if there is no significance, receive a impune of a impune of the head of the Gu.

can be lawful when the foregoing order is issued and enforced by the intention designated by the above Minister.

○ In the case of a pregnant abortion operation, the principal’s consent or acceptance at any time or in any case.

There is no legal basis to conduct a abortion operation without abortion.

(4) Ultimately, the Defendant’s will, etc. to which the Defendant belongs, etc. were the Plaintiffs who suffered from the instant single-class or abortion.

Implementation of surgery or abortion surgery by the above plaintiffs with their own consent or consent.

The articles of incorporation operation or abortion operation has been performed, or the articles of incorporation operation is prescribed by the former Mother and Child Health Act.

Unless an order for sterile surgery is issued, the above plaintiff without legal grounds.

It should be regarded as an act that infringes on fundamental rights under the Constitution.

B) the facts of recognition

In full view of the above evidence and the purport of the whole pleadings, the following facts are acknowledged:

may be deemed to have been made.

(1) In accordance with Ordinance of the Ministry of Government Administration and Home Affairs No. 7, Feb. 24, 1916, 1916, the Japanese class of the Japanese class of the Japanese class of the ship;

Promotion of the establishment of facilities for the isolation and accommodation of patients, and 'Self-Support Council Members' on May 17, 1916 (States)

Since the establishment of a Mandodo Hospital, the control of the State against Hansen's disease patients began.

(2) At around 1915, patients suffering from Hansen's disease 15) are prevented from infectious disease in Japan.

The first time was conducted on the grounds of biological reasons in Korea around 1935.

Since the first implementation, in the National Cemetery, there is a strict implementation of the separation of men and women in the existing area around 1936.

In the case of an official condition that a couple's joint living system is allowed by changing the policies that it had been changed, and that a single law shall be enforced.

16) In the Japanese colonial era, assault and compromise have been introduced as part of disciplinary action against accommodation patients.

Gambling, confinement, and implementation of a single operation, such policies have been carried out for one year after the end of the year.

Until the beginning of the 1960s, there was a case where a single-use operation was enforced by force.

(3) The president of the Kim Jong-type was in office at the time of the year after the release from the National Cemetery.

From 1945 to the end of 1947, a single type operation was not performed, but the Korean Residents of 1948

After the establishment of the government of the country, the patient who was appointed by the president of Kim Jong-hwan and was admitted to a sanatorium at around 25 May 6, 1949.

'Matters to be observed' shall be established to strictly separate the other patient and female patient, and they shall be able to live by side life.

A person who is deceased shall be recognized only by a macroscopic operator with the consent of the parties, and a person who violates this shall be punished.

Section 17 of the Act shall be set up, and the operation shall be performed again after the time of the operation of the articles of incorporation.

The couple provided a room or a space (the couple's death) in which only the couple would live together.

(4) Under the former Prevention of Contagious Diseases Act enacted on February 2, 1954, patients suffering from Hansen's disease relatively high chronological power

It is classified as class 3 infectious diseases but forced isolation in the same manner as class 1 and class 2 infectious diseases.

(2) A medical care center shall take measures necessary to maintain order, etc.

The former Prevention of Contagious Diseases Act was amended on February 9, 1963 and amended on February 9, 1963, the provision on compulsory isolation, etc. is complete.

It has been relaxed to isolate only those who are determined by the competent Ordinance, but Hansen's disease redemption has been mitigated.

A person shall treat another person by self-treatment as provided by the Enforcement Rule of the Prevention of Contagious Diseases Act, which is the competent Ordinance of the Ministry.

person who is likely to be infected to others, such as 's or' vagabonds or galms, etc., may be infected to others;

I left room for being classified as â€˜self', and in fact, I still put it as the object of isolation.

The legal basis for compulsory isolation of patients is January 17, 2006 the amended Prevention of Contagious Diseases Act.

In the Enforcement Rule of the Health and Welfare Act (No. 345), the offense of patients suffering from the disease isolation of Type 3 infectious disease patients

The exclusion above was completely abolished.

(5) After the amendment of the Contagious Disease Prevention Act on February 9, 1963, the Ministry of Health and Welfare on September 16, 1964

In order to establish a plan for the efficient management of the bareboat as a follow-up measure, the 'B Disease Management Council' 19) shall be held.

In addition, for those who are pregnant with Hansen's disease patients, active promotion of single-life operations shall be provided.

It shall always investigate and identify a pregnant person who is pregnant at all times and restrain the birth to the maximum extent possible.

To order the thorough implementation of the order, 20). Accordingly, 5 Nationals have been issued.

The head of a hospital shall strongly promote the living permit system after performing the articles of association in accordance with the existing policies, and young women.

On a monthly basis, medical doctors and nurses should receive regular medical examinations for pregnancy.

A childbirth within a hospital is prohibited during hospitalization, and where a pregnant patient desires to give birth, he/she shall retire.

In principle, however, if he does not want to discharge, he/she performed a abortion operation.

If a newborn baby has been given birth due to the circumstances acquired, the newborn baby shall be isolated from the parent immediately after the delivery;

In this regard, it was brought up in the infant care center.

(6) 5 'Operational Rules of National Hospitals amended by the Ministry of Health and Welfare No. 378 of July 6, 1977'

section 1(1) shall not be given birth to a person admitted to a Na hospital. A person who has given birth after pregnancy shall not be given birth.

A person shall be discharged and shall be prohibited from re-hospitalize after childbirth. In addition, it has provided that "the person shall be prohibited from re-hospitalize" after childbirth:

Article 5 of the Regulations on the Operation of the National Cemetery Hospital amended by the Ministry of Health and Social Affairs No. 556 of December 15, 1988

(1) In paragraph (1), no person who is admitted to the National Cemetery shall be given birth at the National Cemetery.

Any person who wants to be affected by Hansen's disease shall be released within 28 weeks from the date of pregnancy.

Restrictions on access and the prohibition of pregnancy and childbirth were explicitly stated as they are. After that, the prohibition of childbirth was thereafter stipulated.

The paragraph was completely repealed by the operating rules of the National Cemetery in order to reach October 24, 2002.

(7) From 1949 to 1967, the annual report of the National Cemetery

Records of surgery statistics exist, and the list of persons to be subject to the articles of association from 1975 to 1992 shall be entered.

There are records, such as the Republic of Korea, which officially performed the Articles of Incorporation from 1949 to 1992.

Part, during the period from 1952 to 1990, the term "spouses and wife's living continuously occurs."

on the condition that they allow only voice patients to live together and undergo the articles of incorporation control operation;

21) The pregnancy termination operation is described to the effect that it is recommended to be carried out by each hospital or association.

Although the official statistical data, etc. of the division is not known, since the Japanese colonial era, it has passed after the late 1980s.

up to Don National Cemetery Hospital, etc.; 22)

C) Determination

(1) In respect of persons affected by Hansen's disease admitted to the National Cemetery, etc. as above, the Defendant’s position

In the late 1980s, the articles of incorporation was performed by at least until 1992, and the late 1980s.

Until now, pregnancy was performed during the Japanese colonial period, and the early 1960s even after the Japanese colonial period.

Unless it is difficult to do so by force without the consent of the parties, there is also a case where the articles of association is forced to do so or pregnancy.

However, it seems that the Plaintiffs were forced to suffer from the type of each of the instant single or abortion damage.

The above plaintiffs are all evidence that the articles of incorporation-saving operation or pregnancy-saving operation was performed.

only the statements of the guarantor and the findings of the Committee on Finding the Truth and Truth based on such statements;

Then, it is difficult to believe it as it is, and otherwise, objective to recognize its coercion.

There is no evidence. Accordingly, in the case of the defendant, it is forced by the defendant against the express will of the above plaintiffs.

It is difficult to recognize that he/she performed a climatic operation or a climatic operation.

(2) However, even if the plaintiffs who suffered from the type of the instant simple operation or abortion were in the course of their operation of the articles of incorporation or pregnancy.

execution by the defendant's intention, etc. with explicit or implied consent or consent to an operation;

Even if the Defendant performed the instant articles of incorporation operation for the said Plaintiffs, the Defendant’s performance of the instant articles of incorporation operations and services

prudent operation, notwithstanding its surface consent or acceptance, is justified for the following reasons:

It is difficult to do so.

In the early 1900s, Hansen's disease has already been discovered in the 1873 190s.

In addition, it has been generally known that it is a contagious disease, and in Korea DSS treatment techniques have become an ecific effect.

Hansen's disease used in the early 1950s began to be recognized as a disease that can be completely cured.

Since the 1960s, most patients have been completely cured, and since the 1950s, Korea has already passed since the 1950s.

It is required to eliminate compulsory isolation policies for persons affected by Hansen's disease in various international conferences with respect to Congress.

The Defendant had already enacted the Prevention of Contagious Diseases Act in 1954, and was relatively infected with Hansen's disease.

It is classified into class 3 infectious diseases of low capacity. Nevertheless, there is a difference of class 3 infectious diseases of the same class.

Unlike nuclear or sexual disease, it has maintained the policy of compulsory isolation only against Hansen's disease.

Unlike any other infectious disease, Hansen's disease has changed to external appearance, and due to this, social discrimination and prejudice.

It seems to be due to the reason that it was serious, and at least in the 1960s, Hansen's disease has been suffered.

It was not a special disease to maintain compulsory isolation policies.

Hansen's disease occurred most at the young age, and the level of education for patients with Hansen's disease is every kind.

Most of them are graduates from non-school or elementary school, and most of them are non-school or agriculture, fisheries.

Therefore, human rights affected persons affected by Hansen's disease have acquired information about them.

In addition, it should be deemed that there was no opportunity to receive education on human rights, and that there was no information or communication.

Land should be deemed to have been provided by the Defendant at most accommodation facilities. However, it should be deemed to have been provided by the Defendant.

Jin only limited to education that Hansen's disease is cured to human rights affected by Hansen's disease, but is strictly isolated.

The policy has been enforced, and once by amending the Prevention of Contagious Diseases Act in 1963, compulsory isolation has been enforced under law.

It is possible to keep the disease subject to isolation by delegating the disease subject to isolation to the Enforcement Rule, etc. while destroying the policies.

In the 1970s, human rights affected persons affected by Hansen's disease have been maintained in quarantine policies. Accordingly, human rights affected by Hansen's disease has been maintained.

Hansen's disease is highly contagious, and in particular, it is highly likely to be infected with self-sufficiency.

Recognizing that it was even known, it was misunderstanding that it was a disease that can be spreaded. Furthermore, this level was also misunderstanding.

The policy for accommodation was to encourage the general public to prejudice and discriminate against persons affected by Hansen's disease.

At the same time, human rights affected persons affected by Hansen's disease had been able to encourage the outside society.

I seem to appear.

C. Policies by which the defendant strictly separates both men and women at the National Dondo Hospital, etc.

On the other hand, the articles of incorporation was operated in the previous Japanese colonial period since 1949.

under the condition that they are allowed to live together with the married patients, and only the voice patients shall undergo the articles of incorporation operation.

Since the policy that provides marital history was maintained in the 1990s, the policy that provides marital history was maintained in the 1990s.

A man wishing to live together with a couple could not actually undergo a brupt operation. On the other hand, within a hospital.

Measures to strictly prohibit pregnancy and childbirth in the 1990s are also maintained and female workers have maintained in the 1990s.

If pregnant, it has been treated as violating the rules of the hospital and has been subject to criticism.

It seems that they were born, and they had to be discharged if they wanted to give birth. However, they have long been living under confinement for a long time.

Persons affected by Hansen's disease who did not receive proper education and did not have the right to choose occupation;

In addition, there was a lack of self-reliance ability to move into a settlement village or a general society due to the discharge of the couple together.

(E) there is a great fear that there are many prejudices and discrimination in the external world, and the existing life.

It was difficult to select the discharge in fact because it was lost that it would lose the active base, and the retirement was made.

A pregnant woman who does not want to file a lawsuit seems to have no choice but to do so.

D. In this context, in order to marry the Plaintiffs who suffered from the instant single type and abortion

Even if the articles of incorporation, operation, or pregnancy, was desired or consented to undergo an operation, this shall not apply.

It can not be called as consent or consent at a genuine doctor. In other words, the defendant's terms of the articles of incorporation operation.

under the condition that the couple’s movements are allowed and the pregnancy is not discharged from the facility;

In the situation of demanding a pregnant abortion operation, the above plaintiffs accept the conditions in fact.

In addition, most of the above plaintiffs should be deemed to be inevitable choice.

Information and education on Hansen's disease as a person who has not received proper education on human rights.

Most of them were received from the Defendant, and the prohibition in itself by causing son to the National Cemetery, etc. is itself prohibited.

Taking into account the situation where the above plaintiffs had been in existence, even if so, these operations are performed on the side of the hospital.

Even if it was sought, the essence of this is to select by a person with normal judgment power.

There is a significant difference between the above plaintiffs, and the defendant has no choice but to make such a decision.

It should be viewed as due to erroneous information and education provided.

In addition, a couple's living together and having a child is the desire of human mother and father.

It is a right, which is the basic content of the right to pursue happiness that cannot be neglected. and

In fact, in light of the fact that the defendant has allowed only a voice patient to move with the couple, this death

There was no reasonable ground to prohibit the Plaintiffs from giving birth to the victims of the fluoral or abortion. Nevertheless, there was no reason to prohibit the Plaintiffs from giving birth.

The defendant sought and the defendant's husband and wife's movement that is the human desire and right to human origin for human rights affected persons including the above plaintiffs.

under the condition that the articles of incorporation shall be subject to the operation, and the State shall be protected by the State.

to be forced to undergo a abortion operation on the condition that the discharge is not ordered.

The consent or acceptance under the foregoing or anti-social conditions is required. At the same time, the above consent is required.

shall not be deemed to have been made on the basis of consent or normal judgment.

The defendant's act is treated the same as the consent or consent for the infringement of disposalable legal interests.

could not be justified.

(3) On the other hand, persons affected by Hansen's disease are in pregnancy against their will as seen earlier.

There is no legal basis for performing a climatic operation, and in the case of a climatic operation, the former Mother and Child Health Act shall apply.

D. He is subject to a prescribed order of infertility between 1973 and 1999.

Although there was room for the defendant to go against his will, in this case, under the former Mother and Child Health Act.

As to the fact that the director of the Ministry of Health and Social Affairs performed an stery operation in accordance with the order of the stery operation

there is no assertion or proof that there is no assertion or proof.

(4) Other conditions of accommodation of patients by the National Dondo Hospital, etc., and budgetary limits and limits of the Defendant

It was an inevitable policy to restrain childbirth within the hospital in accordance with the family planning policy, etc.

A. However, persons affected by Hansen's disease, including the Plaintiffs who suffered from malm or abortion in the instant case

Those who are solely dependent on the protection of the State and who are temporarily in the National Cemetery, etc.

The above plaintiffs should not receive human treatment but within a reasonable period of time for human life.

Recognizing that the act of committing a crime or of committing a morally criticized is not accepted.

Considering that the Defendant’s fundamental needs and astronomical rights of persons affected by Hansen’s disease are reasonable.

It is obvious that it has been maintained for a long time without establishing measures for the prohibition of complete childbirth.

this is an unclaimed choice. This is that the Defendant does not treat persons affected by Hansen's disease as an equal human being.

In other words, the State has engaged in prejudice and discrimination against persons affected by Hansen's disease in society.

on the basis of the dignity of the people's duty to guarantee marriage and family life, and to protect the people's health;

The duty and maternity are not fulfilled in all; and the family plan means a person;

The number of children intending to improve mother and child health and family welfare by means of a plan to solve the Gu problem.

I merely refer to the plan to coordinate persons affected by Hansen's disease, but did not have their children themselves.

It can not be rationalizingd with the name of the co-family planning.

(5) Ultimately, the decision by the Defendant’s doctor, etc. against the Plaintiffs who suffered from the instant single-class or abortion

When conducting a climatic operation or a pregnant abortion operation, it shall be performed by the State as a national without any legal basis.

It is an infringement of the right not to damage the body that must be enjoyed and the right to life of the fetus.

At the same time, the right to pursue happiness and the freedom of private life by creating a single family with the sole hand.

It ultimately damages the dignity and value as a human being. Furthermore, the country is a state.

for the protection of the obligation to ensure marriage and family life on the basis of the dignity of an individual and for the protection of motherhood;

In any aspect, the duty to endeavor, the duty to protect the public for health, and the duty to protect the public;

In light of the above, it can not be exempted from the illegality.

4) Sub-decisions

Therefore, the defendant's doctor, etc. to the plaintiffs from the end of the instant case and the abortion damage surgery

The act of a pregnant abortion operation constitutes a tort, and the above plaintiffs' constitution is thereby constitutional.

In light of the fact that the above rights guaranteed by the Corporation were infringed and suffered from mental suffering;

Since the examination rules are apparent, the defendant suffered from the above plaintiffs due to the above illegal acts.

shall be liable to compensate for any damage due to such failure.

C. Determination as to the plaintiffs other than the plaintiffs who suffered from the type of the instant single-party type or abortion of this case

1) Meanwhile, the rest of the plaintiffs except for the plaintiffs from the type of the instant simple and abortion damage, i.e., attached Form 5.

the defendant at the time of entry in the column of the same list as the plaintiffs, each of the plaintiffs described in the column of the plaintiff's column of the same list.

of the same list as the operation and control of each hospital, etc. described in the column of "damage Place" shall be a doctor or nursing under his/her jurisdiction;

on the ground that he was subject to the articles of incorporation, dye operation or pregnancy surgery by a physician or medical assistant, etc.

The defendant is entitled to pay damages against the defendant.

2) However, according to the purport of Gap evidence Nos. 162 to 200 and the whole pleadings, it is separate.

5. The list of plaintiffs 5. Each plaintiffs in the column of "the list" shall investigate all human rights violations suffered by persons affected by Hansen's disease by the Truth-Finding Committee.

damage, even though the report of the type or abortion was made through the report of the damage or the statement;

A person affected by Hansen's disease who was not finally recognized as a single or abortion victim after a fact-finding survey;

The damage was not determined as the victim of the damage or (the plaintiff U-Japanese, Mano-Ma, Mano-Ma), the type of the damage, or the abortion;

The facts determined as victims of persons affected by Hansen's disease solely on the ground of other damage (attached Form 5.

List Recognizing the rest of the plaintiffs, excluding Plaintiff U.S., and E.I.D., among the plaintiffs listed in the column for “Plaintiffs”

(The findings of the examination are as follows). The evidence submitted by the above plaintiffs alone is alone.

Medical doctors, nurses, or medical counselors belonging to the National Dondo Hospital, etc. that the plaintiffs operate and control;

It is not enough to recognize that he had undergone the articles of association or the abortion operation from a assistance officer, etc.;

There is no evidence to prove otherwise.

A person shall be appointed.

3) In addition, as mentioned in Section 3-B(1)(b) below, the person affected by Hansen's disease Act is deemed to have been examined in the following Section 3-B(1).

extinctive prescription of the right to claim damages, even if a decision to confirm the identity of the victim has been made.

The damage is completed at the expiration of five years from the date of the occurrence of the damage, and each entry in the Schedule 5.

The date of the tort alleged by the plaintiffs was at least five years after January 16, 2012.

Since a lawsuit was filed, the extinctive prescription of the right to claim damages of the above plaintiffs is the filing of the lawsuit in this case.

(b) in section 3(b)(2) of the following, the Corporation shall not be deemed to have been completed before.

As such, the Defendant received an application to ascertain the truth of the victims subject to the Act on Persons Affected by Hansen's Disease and the Defendant

If the truth-finding committee decides to confirm the victim as the victim, the victim on the basis of such decision.

to the extent that the State exercises its rights within a reasonable time, at least upon the completion of the statute of limitations;

There is a special circumstance to have a trust on the failure to claim the extinguishment of a right.

Thus, the defendant's assertion that the statute of limitations has expired constitutes abuse of rights.

However, in the case of the above plaintiffs, the defendant's above plaintiffs' injury victims or the defendant's injury cases

Since there was no decision to confirm that the defendant is the victim of abortion, the defendant against the above plaintiffs.

The claim for the completion of the extinctive prescription does not constitute an abuse of rights.

4) Accordingly, each claim against the Defendant by each of the plaintiffs listed in Appendix 5. List of Plaintiffs 5.

There is no reason to examine the issue.

3. Judgment on the defendant's defense of extinctive prescription

A. Party’s assertion

1) The Defendant, even if he had the type of the instant simple operation or pregnancy with respect to the Plaintiffs who suffered from abortion

Even if a mid-term operation constitutes a defendant's tort, the above plaintiffs' claim for damages has already been made.

The defense that the statute of limitations has expired upon completion shall be set up.

2) As to this, the Plaintiffs who suffered from the instant single type of loss and abortion, and the Defendant’s defense of the extinctive prescription is new.

As it goes against the principle of good faith, it is re-appealed that it constitutes abuse of rights.

B. Determination

1) Whether the extinctive prescription has expired

(A) Claim for damages caused by a tort is 3 years from the date on which the person becomes aware of the damage and the perpetrator.

If it is not exercised for a year, it shall be terminated by prescription (see Article 766(1) of the Civil Act). However, this shall not apply.

The type of this case is the same as the facts of the recognition in the previous case and the following (2) b).

In the case of the plaintiffs suffering from abortion, the articles of incorporation operation of this case conducted by the defendant's will;

Finding the fact that pregnancy surgery constitutes an illegal act against the above plaintiffs, or that it causes damage to the plaintiffs;

Since it is difficult to properly understand until the Commission notifies the victim's decision, the above provision shall not apply.

The Plaintiffs were aware of the damages and the perpetrator when they were notified of the decision of the Committee for Finding the Truth of the Truth.

Therefore, it is reasonable to view the above plaintiffs as having been notified of the victim's decision on September 2009.

30. From July 18, 2013 to July 23, 2013, the filing of the instant lawsuit on January 16, 2012, which was within three years.

As long as the record is obvious, this case cannot be deemed to have completed the above short-term extinctive prescription.

B) On the other hand, a claim for damages against a State caused by an illegal act is an illegal act.

If it is not exercised for five years from the date of commencement, it shall be extinguished by prescription, and it shall be extinguished by prescription.

Article 71 of the former Financial Act (amended by Act No. 4102 of December 19, 1961) and the former Financial Act (amended by Act No. 4102 of December 19, 1961)

Article 58 of the former Accounting Act (amended by the Budget and Accounts Act, No. 849) and Article 58 of the former Accounting Act (amended by the Budget and Accounts Act, April 1921)

7. The former Financial Act enacted by Law No. 42 of the Ministry of Shipbuilding and enacted by Law No. 217 on September 24, 1951

Article 32, which has not been repealed by Article 82, is illegal for a period different from that of short-term extinctive prescription of the above three years.

Determination to confirm that the person affected by Hansen's Disease Act is the victim since the date of the action

The extinctive prescription of the right to claim damages, even if any, shall expire five years after the damage occurs.

In this case, however, the Defendant’s damage caused by the type of the instant case and the abortion.

The date when the damages claim against the defendant was made, as the date when the damages claim against the defendant was committed against the defendant, shall be fixed respectively.

It is about 1947 to 1986 when a climatic operation or abortion operation was performed;

Inasmuch as the instant lawsuit was filed on January 16, 2012 after the lapse of five years from the date on which January 16, 2012, the said KRW

extinctive prescription of the right to claim compensation for damages has already been completed before the filing of the instant lawsuit.

section 22.

2) Whether the defendant's use of the statute of limitations constitutes abuse of rights

A) However, the exercise of the debtor's right of defense based on the extinctive prescription is a substitute of our civil law.

Since the debtor is subject to the principle of loyalty and the prohibition of abuse of rights, prior to the completion of the statute of limitations by the debtor

(b) the exercise of rights or interruption of prescription by an obligee has become or is substantially difficult; or

action to believe that the action is unnecessary, or that the obligee has objectively exercised its rights.

or after the completion of the statute of limitations, the debtor has not invoked the statute of limitations; or

(1) have had the right holder trust, or have the creditor protect the creditor, showing the same attitude;

Reasons such as receiving the repayment of obligations by other creditors under the same conditions are highly necessary.

(3) If there is an unfair or unfair determination to refuse the performance of the obligation; or

If there is a provision, it is against the principle of good faith that the obligor asserts the completion of extinctive prescription.

(2) No person may be allowed to use the right as an abuse of rights (Supreme Court Decision 2009Da72599 Decided June 30, 201, Supreme Court Decision 2009Da72599 Decided June 30

Court Decision 2009Da66969 decided September 8, 201 (see, e.g., Supreme Court Decision 2009Da66969).

B) In the instant case, first of all, whether the Defendant’s unlawful act was the victim affected by Hansen’s disease by the Truth Committee

Until before the decision to recognize the victim was made, it was not objectively clear.

After the decision of the committee for ascertaining the truth was made, the defendant's articles of incorporation of this case

The operation and the abortion operation are all conducted with the consent of the plaintiffs who suffered from the type of single or abortion in this case.

under the medical level at the time, the prevention of Hansen's disease infection, and consideration of the limit of admission, etc. of hospitals;

It argues that it is not illegal because it was an inevitable measure. Therefore, it is argued that it is not illegal.

The State, the Defendant, as the general public, has no professional knowledge about the law of the Republic of Korea;

(1) A person affected by Hansen's disease who allows her husband's her husband's ties and her husband's her husband's ties;

When performing prudent operation is an inevitable measure of the State for the prevention of Hansen's disease, and legitimate law.

In general, it seems that there are reasonable grounds.

In particular, as seen earlier, Hansen's disease has already been completely cured from around 1950 to 1960s.

There are several recommendations or resolutions to oppose isolation policies in international academic competitions, etc.;

However, even though the defendant was well aware of this, the defendant's strict isolation policy until the 1970s.

They continued to maintain, and in the case of a voice patient who is allowed by the defendant to live together with his/her husband, it is not infected.

Despite the knowledge of the knowledge of the articles of incorporation operation or abortion operation, the general public may be forced.

Of course, human rights affected by Hansen's disease has promoted the fear of infectious diseases to human rights affected by Hansen's disease.

Since most information and education about Hansen's disease were provided by the Defendant, the general public have been provided.

It seems that the defendant's policies against Hansen's disease have been reported and the awareness of Hansen's disease has been formed.

In addition, human rights affected by Hansen's disease admitted to the National Cemetery, etc. are dependent on the Defendant's daily life;

There is a low level of education that it is difficult to expect awareness of basic human rights and education;

In most cases, in accordance with the policy of the hospital, the body of incorporation operation was performed and the husband and wife was living together.

The permit was accepted without any particular resistance, and pregnancy was different from the hospital's policy.

It has an awareness of a crime itself and has caused many cases where a pregnant woman wants to be pregnant.

In the end, persons affected by Hansen's disease, including the victims of the instant single type and abortion, seems to have been affected by the articles of association of this case.

Illegal against the defendant who is the State with awareness of the operation of a climatic or abortion operation;

There is little possibility to expect that the act may be responsible for, and this is mainly a wrong policy of the defendant.

It should be viewed that the education was caused by the education.

Therefore, in the case of this case, the debtor is the creditor before the statute of limitations expires.

The exercise of rights or the interruption of prescription by the plaintiffs who suffered from male or abortion has become impossible or remarkably difficult.

In addition, people with general knowledge of Hansen's disease are also limited to those of the Truth Committee.

Until before the decision on the damage case is made, it cannot be known that the defendant's act is illegal.

As such, the reason why the victim could not exercise his rights objectively, i.e., the obligee

A third party, other than the creditor, is unable to exercise his/her rights as a de facto disability;

It is sufficient to deem that it is reasonable.

C) In addition, the Defendant did so, including the unlawful lag operation of the instant case and the abortion operation.

207. 10% after the lapse of the five-year statute of limitations for any damage case.

17. The Act on Persons Affected by Hansen's Disease was enacted (Enforcement on October 18, 2008). The Act on Persons Affected by Hansen's Disease was enacted.

The human rights of citizens by identifying the truth of the damage case and providing assistance to the victims.

the head of the Gu and persons whose purpose is to promote the stabilization of livelihood (Article 1), and persons who act as the State.

(1) specifically list the type of the case affected by persons affected by Hansen's disease, or out of such list;

(Article 2 subparag. 3) and the fact-finding under the Defendant’s jurisdiction that the Committee shall deliberate and decide on the truth-finding

The Committee shall be organized to collect and analyze relevant data for fact-finding, review and decision-making on victims,

(1) Activities to ascertain the truth, such as the determination of payment of tuition and living allowances, and the preparation of a fact-finding report;

(Article 3), the establishment of memorial halls, etc. (Article 8), and medical services, as a means of supporting victims.

Subsidies, etc. (Article 9), establishment of residential welfare facilities, etc. for persons affected by Hansen's disease (Article 10), etc. were prescribed.

As such, the Act on Persons Affected by Hansen's Disease merely historical facts about the entire covered cases.

The truth by discovering the truth and thereby correcting distorted or misleading parts, and restoring honor of victims;

In order to promote human rights abuse cases, the State does not have to have individual victims of human rights abuse cases.

A law enacted to clarify the details of the damage and to consider the damage recovery;

The Act on the Protection of Persons Affected by Persons Affected by Hansen's Disease provides for compensation and compensation to individual victims.

the victim's disease affected by Hansen's disease is not established, but only the victim's disease support plan is established by the defendant.

The Fact-finding Committee that explicitly recognizes the damage case by the State as the damage case by the State;

by way of the investigation and confirmation of whether the person is a victim

on the premise of the award and compensation, and individual victims are liable to compensate through judicial procedures.

Unless there is a provision that excludes the Gu from doing so, no action shall be taken against

There is no restriction. This is not limited by the State Compensation Agency unless there is a special reason to the contrary.

It is ultimately accepted to take judicial remedies seeking damages through the Gu's means.

It is no choice but to regard it as a declaration containing its intent, and the legal meaning derived therefrom.

the court shall not refuse the compensation by asserting the new extinctive prescription in a specific litigation case.

It can be said that the purpose of expressing an opinion is to be known.

Therefore, the defendant received a request to ascertain the truth of the victim subject to the Act on Persons Affected by Hansen's Disease.

If the Commission determines to confirm that it is a victim, on the basis of such determination:

When the injured party exercises his right within a reasonable time, the State shall at least complete the statute of limitations.

there is a special circumstance to have the trust on the failure to claim the extinguishment of a right.

It is reasonable to regard that it is reasonable.

D) On the other hand, when the Act on Persons Affected by Hansen's Disease recognized that the State has affected the human rights affected by the State.

Do. To implement only the supporting measures specified in the law and to pay damages as such;

If it is interpreted that the award or compensation is excluded, it has already been completed by the State.

The victim or the victim through a specific investigation into injury by recognizing that the debt is a tort late;

Even if the contents of the year are determined, the compensation or compensation for the damage shall be rejected: Provided, That the place of medical service shall be

I have expressed that only the principal will be paid, against the trust of the victims, as well as against the trust of the victims.

Nar, itself, it is difficult to have legitimacy in light of the legal system. Accordingly, the Defendant’s extinctive prescription period.

After this, the Act on Persons Affected by Hansen's Disease was enacted, but there is an explicit provision about compensation for damages in such Act.

The principle of no advice may be applied to refuse compensation for damage by using the statute of limitations on the ground that there is no such statute of limitations.

This is against the law.

E) Ultimately, considering all the above circumstances, the Defendant, the obligor, in the instant case.

It is allowed to claim the completion of extinctive prescription as abuse of rights against the principle of good faith.

subsection (b) of this section.

3) Whether the Plaintiffs suffered from the instant type of loss or abortion exercised their rights within a reasonable period of time

A) In a case where a debtor's defense of extinctive prescription constitutes an abuse of rights, the creditor

When the debtor ceases to exercise his/her rights within a reasonable period from when the cause for disability ceases;

F. Whether the exercise of rights was made within a reasonable period of time or not.

such terms and conditions as the relationship between the creditor and the debtor, the debtor's act giving trust, etc.

The debtor's purpose and genuine intention to achieve by his act, etc., and the creditor;

(1) In full view of whether there were any special circumstances in which the exercise of such rights would have been delayed;

In light of the principle of trust and good faith, the effect of the completion of prescription shall be denied.

that is to achieve legal stability, to relieve difficulties in proof, and to impose sanctions on neglect of exercise of rights.

As to the extinctive prescription system, the extinctive prescription system should be limited to exceptional cases, the above shall be limited.

The "reasonable period of time" of exercise of rights is equivalent to the suspension of prescription under the Civil Act, unless there are special circumstances.

Therefore, there must be very special circumstances in individual cases, so that the case may be limited in a short period.

Even if it is unavoidable to extend the period of time, the consideration of the claim for damages caused by the illegal act

the short-term extinctive prescription period stipulated in section 766(1) of the Civil Code, even if any, three years

Supreme Court en banc Decision 2012Da202819 Decided May 16, 2013

(see, e.g., Supreme Court Decision).

B) In the case of this case, the aforementioned evidence and the statement of Gap evidence No. 203

In full view of the facts as seen above: ① Between September 30, 2009 and July 18, 2013, when the Act was enforced.

whether the victims of human rights affected by Hansen's disease were determined to be victims of the instant single-class or abortion victims

In addition, on August 6, 2009, the Act on the Protection of Persons Affected by Human Rights (hereinafter referred to as the "Act") has already included the regulations on the payment of compensation, etc.

The entire Act on Finding the Truth of Persons Affected by Hansen's Disease and Support for Victims' Living, etc.

The bill (81 person's proposal, 1805674, 1805674) was proposed and pending.

(B) the fact that the term of office of the National Assembly is terminated, ② the fact that it was issued by the Committee for Finding the Truth

In ancient Republic of Korea, it is a person affected by Hansen's disease by a direct or indirect intervention of national governmental authority.

In spite of such measures, medical support, living support, and establishment of memorial halls, etc., which are not national compensation.

As a result, the State denies direct and indirect harmful acts, and against the victim

It points out that living assistance is not effective, which is fundamentally broad compensation.

Medical care to the victims of persons affected by Hansen's disease who have difficulty in living, unlike Japan and Taiwan, in the Republic of Korea;

Amendments to the Act to the extent that the Act on the Persons Affected by Hansen's Disease that only provides support and living support is due to the limit of the Act

It can be recognized that the actual compensation has been urged through the others.

Considering these circumstances, this case’s case’s victim decision under the Act on the Persons Affected by Hansen’s Disease;

Pursuant to the provisions of the law and the recommendations of the Fact-finding committee, etc., the name of the defendant

It is anticipated that appropriate measures, such as recovery of deposits and compensation for damages, should be taken, but the defendant

Until the defendant does not take affirmative action, the action for damages individually against the defendant

there is a special circumstance in which it appears to have been filed.

Therefore, after 2 years and 4 months elapsed since the date of the truth-finding decision, the instant lawsuit was filed

In January 16, 2012, the plaintiffs were filed on January 16, 201, but the injury of the type of the instant case and the injury of the abortion was caused by the fact-finding.

The legislative measures of the defendant before the lapse of the short-term extinctive prescription after the decision of the original meeting

There is a special reason to consider that it is reasonable to do so, and considering this, the above is given.

The plaintiffs have exercised their rights within a reasonable period of time to exclude the defendant's defense of extinctive prescription.

It is reasonable to regard as such.

4. Scope of damages.

A. Calculation of consolation money;

1) In calculating consolation money for the plaintiffs who suffered from the end of the instant case and the abortion of this case, as follows:

take into account circumstances.

A) The general public’s cooling and destruction of human rights affected by Hansen’s disease is excluded from society.

A serious mental pain and insult that cannot be recognized as human beings was given: Provided, That the defendant was the defendant.

To eliminate persons affected by Hansen's disease suffering from social discrimination and prejudice;

Without actively making efforts, persons affected by Hansen's disease are strictly isolated by taking advantage of them.

Persons affected by Hansen's disease, including the Plaintiffs from the instant single species and abortions, by preventing children from being placed;

In addition, severe heat strings and strings were serious.

B) The articles of association operation and abortion operation of the instant case are to be performed by the Plaintiffs who suffered damage from the type of the instant case and abortion.

If the right to pursue basic happiness is restricted without legitimate legal grounds, the human nature needs and basic right to pursue happiness;

Rather, having the above plaintiffs feel a crime and feel a sense of shame, and anti-human rights

The character of enemy and anti-humanity is strong.

C) due to the Defendant’s tort, most of the Plaintiffs who suffered from the instant single type of loss or abortion are old.

as a wife without any awareness to do so, and as such, she sent her old age to the public, this shall not apply to the public.

It is highly necessary to compensate for the suffering of the waromana.

D) As seen earlier in the instant case, the compensation liability for consolation money from the date of the closing of argument in the instant case

as it constitutes exceptional cases where damages for delay shall be deemed to accrue, and as such, for a long period of time;

It is necessary to take into account the circumstances delayed in the context of calculating the principal of consolation money.

E) However, the Defendant’s prejudice and discrimination against human rights affected by Hansen’s disease is not so significant from the time when the prejudice and discrimination against human rights affected by human rights.

Human rights affected by Hansen's disease, including the Plaintiffs of the instant single type and abortion, by inserting budget and human resources;

The defendant has continuously played a role in protecting human rights affected by Hansen's disease. Among policies that the defendant implemented for human rights affected by Hansen's disease

There are some inappropriate or anti-human rights parts, such as the case, but only those parts are the defendant

No person affected by Hansen's disease shall be able to dump his or her policies uniformly.

F) In addition, this case had already expired the extinctive prescription period for a tort

The Defendant’s enactment of the Act on Persons Affected by Hansen’s Disease (hereinafter “the Act”) revealed the truth of the damaged case; and

Although there are insufficient aspects, it is necessary to properly evaluate the defendant's good faith.

2) A list attached Form 3. as of the date of closing the argument in this case, taking into account all the above circumstances.

The consolation money for each of the plaintiffs (the plaintiffs who received the articles of incorporation Section 1) stated in the column of "Plaintiff" is KRW 30,000,000, respectively;

Attached 4. List 4. The consolation money for each of the plaintiffs (the plaintiffs who received a pregnancy termination operation) in column 4. Each of the plaintiffs listed in the separate sheet

40,000,00 won.

(b) The initial date of the damages for delay;

1) The Plaintiffs, who suffered from the loss of the type of the instant single-party 1, 1950, with respect to consolation money, delayed loss from January 1, 1950.

money shall be claimed.

2) With respect to liability for damages arising from a tort, the victim would not have committed a tort.

In principle, it was possible to continue to enjoy the benefit and interest suffered by damage.

There is no demand for performance, but at the same time the obligation is established and the damages for delay are incurred in light of the concept of fairness.

shall be deemed to result in the lapse of three months between the time of tort and the time of the closing of argument.

As a result, national income level, monetary value, etc. at the time of closing argument which serves as the basis for calculating consolation money.

The consolation money that reflects the result of a significant change compared to this tort.

In addition, in cases where significant increase is inevitable, the amount of consolation money due to tort exceptionally;

The damages for delay of the debt shall be deemed to have occurred from the date of the closing of argument, which is the basis for calculating the consolation money.

must (see Supreme Court Decision 2009Da103950 decided January 13, 201, etc.).

3) Therefore, about 68 years old from tort and about 28 years short from tort

As of April 15, 2015, the date of the closure of the argument in the instant case, the consolation money is calculated as of April 15, 2015.

From the date of the closing of argument above, damages for delay on consolation money shall be caused. In the end, this case

Provided, That the delay from January 1, 1950 to the day before the day of the closing of argument among the plaintiffs who suffered from male or abortion damage shall be delayed.

The part demanding a payment of damages shall not be accepted.

C. Sub-determination

Therefore, the defendant is identical to each of the plaintiffs listed in the column of "Plaintiff" in attached Form 2. Claim amount and amount of recognition.

Section 5, April 15, 2015, the date of the closing of the argument in this case, each of the money stated in column 1, "the recognized amount", and the part on this.

on the date of this decision, which is reasonable for the defendant to resist the existence and scope of the obligation.

By May 20, 2015, the Civil Act provides for the promotion of litigation by 5% per annum and by the next day to the day of full payment.

The obligation to pay damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Settlement of Residents, etc.

5. Conclusion

If so, the plaintiffs' claims against the type of single or abortion in this case are justified within the scope of the above recognition.

Therefore, we accept this, and each of the remaining claims of the above plaintiffs and the plaintiff 5. List 5. Each of the costs stated in the column of "Plaintiff".

Since their claims are without merit, they are all dismissed. It is so decided as per Disposition.

Judges

Judges Kim Jong-won

Judge Han-dong

Judges Park Jae-min

Note tin

1) Although the Mando National Hospital has been changed in its name as follows, it is not classified below and it is also indicated as 'Mando National Hospital'.

[2] Magazon 24, 1916 / Magazon 1, 1934 / Magazon / Magazon 6, 1949 / Magazon / Magazon / Magazon / Magazon on 29, 1951 / Magazon / 12, 1957

14. Mumando / Mumando National Hospital on July 1, 1960 / November 8, 1968, / National Hospital/National Hospital on December 31, 1982)

2) There are cases where some of the above hospitals become a local government or quasi-private foundation by each time. However, Hansen's disease is a local government.

The decision of this case is because the defendant led the policy of the patient, and the defendant directly operated or actively controlled the above hospital.

In discussing the state compensation due to the illegality of the government-managed operation or the abortion operation, each hospital's act as to whether the defendant is responsible for it.

shall not be classified under this section.

3) 18, 014, 15, 770, 205, 13, 316, 20112, 847, 323 persons, 2012, 2012, 323 persons

4) Although the amended Constitution of December 26, 1962 and the amended Constitution of October 27, 1980, stipulated clearly by the amended Constitution of December 26, 1962, the general principles and ethics of the ideology of fundamental rights are stipulated by the Constitution of October 27, 196.

The constitutional principles of the enemy and natural law have been enacted in July 12, 1948, and the basic principles of the Constitution have been accepted since the enactment of the Constitution.

In general, since the enactment of the Constitution, "All freedom and rights of the people" in Article 28 from the time of the enactment of the Constitution is not listed in the Constitution.

"The provision (Article 37 (1) of the current Constitution)" was set out.

5) There was a provision from Article 9 of the Constitution to Article 9.

6) Article 20 of the Constitution of the Republic of Korea provides that "a marriage shall be based on the right of gender and gender, and a family's health shall be subject to special protection by the State as a result of the marriage's patrol

had been doing so.

7) Article 28 of the Constitution of the Republic of Korea provides that "The enactment of Acts that restrict the freedom and rights of the people shall be limited to those necessary for the maintenance of order and public welfare."

was defined in this chapter.

8) The provision prohibiting essential infringement was set out from the Constitution of the Republic of Korea on December 26, 1962.

19) Class 3 infectious diseases, together with the branches of B, consisting of tuberculosis and sexual diseases, on the other hand, callra, pest, natural organs, etc. as Class 1 infectious diseases, white sea, and bast;

Genderitis, etc. was defined as Class 2 infectious disease.

10) Patients of Class 1 contagious diseases and patients of Category 1 contagious diseases are isolated from sources of contagious disease, isolation wards, isolation wards, sanatoriums, sanatoriums, or places designated by the Special Metropolitan City Mayor or the Special Metropolitan City Mayor or the head of Eup/Myeon.

shall be confined and subject to treatment.

11) However, as seen thereafter, the competent Minister may continue to enforce and isolate class 3 infectious diseases, including Hansen's disease, from the relevant Ministry of Justice.

Until January 17, 2006, the Enforcement Rule of the Prevention of Contagious Diseases Act (Ordinance No. 345) was amended on January 17, 2006, enforced attack against Hansen's disease among the 3 contagious diseases of Type 3.

The legal grounds for objection are fully different.

12) The Mother and Child Health Act (Law No. 2514), enacted on February 8, 1973

Article 8 (Limited Permission for Artificial Infertility Operation)

(1) A medical doctor shall be the principal and his spouse (including a person in de facto marital relationship; hereinafter the same shall apply) only in the following cases:

An induced abortion operation may be performed with consent.

2. Where she or her spouse suffers from any contagious disease prescribed by Presidential Decree;

Article 9 (Procedures for Infertility Operation and Filing of Lawsuits)

(1) As a result of the diagnosis of a patient, a doctor shall confirm that the patient has been affected by a disease prescribed by Presidential Decree, and shall prevent the disease from spreading or spreading the disease.

If it is deemed necessary for the public interest to perform a fertility operation for that person, a health specialist as prescribed by the Presidential Decree.

A report on the discovery of a person subject to a fertility surgery shall be made to the referring Minister.

(2) The Minister of Health and Welfare shall, upon receiving the report as referred to in paragraph (1), receive the report from the patient under the conditions as prescribed by the Presidential Decree.

order may be issued under subsection (1).

(3) Any person who is dissatisfied with the order issued by the Minister of Health and Welfare under paragraph (2), shall be dissatisfied with within two weeks from the date of receiving the order.

An administrative litigation seeking the cancellation of an order may be filed. Where an administrative litigation is filed, an order under paragraph (2) shall be issued until the judgment becomes final and conclusive.

No effect shall be suspended.

(4) The Minister of Health and Welfare shall designate a doctor under the conditions as prescribed by the Presidential Decree, and dismiss those who receive the order of infertility operation under paragraph (2

shall have a pregnant operation performed.

The Enforcement Decree of the Mother and Child Health Act (Presidential Decree No. 6713, May 28, 1973)

Article 3 (Limited Permission for Artificial Infertility Operation)

(3) Contagious diseases referred to in Article 8 (1) 2 of the Act means contagious diseases provided for in Article 2 (1) of the Prevention of Contagious Diseases Act.

Article 4 (Reporting on, and Order for, Persons Subject to Optional Operation)

(1) Those subject to infertility operation pursuant to the provisions of Article 9 (1) of the Act shall be those who have returned to diseases falling under any subparagraph of Article 3 (2).

(2) When a doctor finds a person subject to fertility surgery under the provisions of paragraph (1), the head of the competent public health clinic without delay under the Ordinance of the Ministry

such fact shall be reported to the court.

(3) The head of a public health center who has received the report under paragraph (2) shall, without delay, obtain the Seoul Special Metropolitan City Mayor, Busan Mayor or Do governor.

the Minister of Health and Welfare shall report the fact to the Minister of Health and Welfare.

(4) When the Minister of Health and Welfare intends to issue an order of infertility operation under Article 9 (1) of the Act, he shall deliberate by the Family Planning Deliberation Committee.

required under section 20.

Article 5 (Designation of Doctors in Charge of Infertility Operations)

When the Minister of Health and Welfare desires to designate a doctor to perform the infertility operation under Article 9 (4) of the Act, he shall fall under any of the following subparagraphs:

of such proceedings. The proceedings shall be

1. A medical doctor specialized in urology and a medical doctor; 2. A medical doctor specialized in urology; 3. A medical doctor specialized in urology; 4. Any other medical doctor who has received education on urine operation for a specified period;

13) Article 14 of the Mother and Child Health Act which permits artificial abortion surgery on the grounds of any communicable disease is still maintained up to now (Article 14 of the current Mother and Child Health Act).

Paragraph 1 Item 2 of Paragraph 1 and Paragraph 1 of this Article were repealed by the former Mother and Child Health Act amended by Act No. 5859 on February 8, 199.

14) The crime of abortion is maintained since Article 269 of the Criminal Act enacted on September 18, 1953 until now.

15) Since a male patient expressed its articles of incorporation operation in the Japanese colonial era, such as 's simple method', 's simple method', 's simple operation', 's simple operation', etc., it is hard to say in a common sense.

was used in official rules, reports, etc., so this term "short operation" is used in the facts of recognition of this paragraph.

section 6.2.

16 ) 수호 ( 周防正秀 ) 원장은 1936 . 4 . 1 . 총독부의 재가를 얻어 " 1 . 호적상의 부부인 자 . 2 . 호적상의 부부가 아닐지라도 정식 결

A person who has been recognized by the general public as a person who has been in an internal relationship before being admitted before being admitted on March 3, 200;

5. A person who has obtained, in particular, a certificate of the name of the president of each of the sick and wounded patients in each of the sick and wounded areas;

With respect to those who wish to obtain the residence, the president of each sick district and other persons recognized as having caused the death, who have no objection from the general public.

6. or more of the persons provided for in section 6. or 6. or more of this section, if they live together as they are, the intention of isolation will be lowered, and the person's faith will, in advance,

In accordance with the suspension of single-use law, it may live together after carrying out a different kind of law (referred to as "along-use law": hereinafter). "A couple living together was permitted under the condition attached thereto."

17) Some of the 25 ports enacted around May 6, 1949 for the observance of the requirements for accommodation patients in sanatoriums.

13.In case where there is a need for entry into and departure from female soldiers and female patients, they shall report to the Autonomous Chairman in advance and obtain permission.

22.A person wishing to lead a married couple's life shall recognize the difference of a macroscopian in response of the person in question.

25. A person who violates any of the above paragraphs shall be punished for a substantial reason.

18) The Enforcement Rule of the Prevention of Contagious Diseases Act (Ordinance No. 570 of the Ministry of Health and Welfare No. 570) enacted on August 19, 197 shall be as follows:

Article 16 (Scope of Patients Isolation of Class 3 Contagious Diseases)

The scope of persons subject to medical treatment as they are isolated from among Class 3 contagious disease patients pursuant to Article 29 (2) of the Act shall be as follows:

1. A person recognized by the Mayor of a Seoul Special Metropolitan City, the Mayor of a Busan Metropolitan City, or the head of a Si/Gun as likely to be infected with others by self-treatment;

2. The Mayor of Seoul Special Metropolitan City, the Mayor and the Ministry of Health and Welfare shall be in need of quarantine and treatment for the prevention of contagious diseases as they are likely to be infected with others due to vagabonds, erosion, etc.

A person approved by the head of the Si/Gun or Si/Gun;

19) The Ministry of Health and Welfare, the Director General of the Health and Social Bureau, the Director General of the National Cemetery, and the authorities of the Korean soldiers.

20) Part of the instructions at that time

(2) Isolation of patient's children: A patient's child living together with a patient at each national hospital shall be immediately isolated. For such purposes, independent national treasury shall:

It is the best way to accommodate and protect private infant care facilities, but it is not possible to do so, the head of each hospital shall return the child.

It should be completed by the end of 1964.

4. A thorough implementation of a family plan: A thorough implementation of, inter alia, the following is not yet satisfactory, although this issue was directed,

of this section.

- With respect to pregnant persons, to actively encourage the instant single-age operation, and to have an finishing wall in the family planning;

-to identify pregnant persons at all times and to restrain birth to the maximum extent possible;

21) An annual report of 1958: For those who wish to have a family, 'the operation of the articles of association is to promote the prevention of pregnancy by performing in advance the operation of the articles of association.'

So-called So-called 1978 So-called So-called So-called 1978: if a clinical patient wishes to live together, he shall encourage him to live together after stering, and if the patient is trained, the father shall do so.

Abandoning is prohibited. "....."

So-called 190 So-called So-called 1990 So-called So-called So-called 190 So-called 'I' if a clinical patient desires to live together.'

22) '(No. 1 No. 1)' published by the National Human Rights Commission on Human Rights of Persons affected by Hansen's disease, 'Yado 80(No. 2)' published by the National Assembly on Human Rights of Persons affected by Hansen's Disease, 'Yado 80(No. 2)'

It is common in fact that Korean history history is commonly recognized in 'Korean history history' (No. 3) published by the Korean history management association.

23) Some Plaintiffs filed the instant lawsuit prior to issuance of the notification of the decision of the Fact-finding committee.

24) Article 9(1) of the Act on Persons Affected by Hansen's Disease provides that "medical allowances, etc. may be paid to persons affected by Hansen's disease determined as victims" and Enforcement Decree thereof.

Article 8 provides that "living allowances may be paid every month according to the decision of the Committee within the scope of the budget."

The medical subsidy and living compensation are not only far away from the compensation or compensation for damage, but also discretionary regulations.

As a result, the scope of the benefits is limited and not limited.