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(영문) 서울중앙지방법원 2015.07.22 2014가합589263
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 12, 2009, the Plaintiff was detained for habitual larceny, and was detained in Seoul Southern Detention Center. On August 26, 2009, the Seoul Western District Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on February 11, 2010, which became final and conclusive on April 5, 2010, and was discharged from prison on June 11, 201.

On June 27, 2012, the Plaintiff was sentenced to imprisonment for three years and six months with labor at the Seoul Western District Court on the same offense, and the judgment was finalized on September 21, 2012, and is currently in the service in the Taesung Vocational Training Prison.

B. On April 12, 2010, when the Plaintiff was in prison, the Plaintiff received dental treatment from a medical officer in charge of the pertinent prison. At the time, the medical officer in charge of the said prison confirmed the occurrence of a large number of dental services from the Plaintiff’s dental officer, and recommended the Plaintiff to provide medical treatment.

C. Since May 25, 2010 and on September 6, 2010, the Plaintiff requested the head of the Ansan Prison to provide medical treatment without compensation after receiving the same diagnosis as that of the preceding paragraph from a dental doctor in the Ansan Prison. However, the head of the Ansan Prison refused the Plaintiff’s request on the ground that the Plaintiff ought to receive medical treatment at his own expense in the case of medical treatment.

The plaintiff is currently in need of diversified treatment and universal file treatment, etc. due to dystrophism and non-dynamic dystrophism.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. According to Articles 30, 36, and 37(5) of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “the Administration and Treatment of Correctional Institution Inmates Act”), the warden of the prison shall receive appropriate medical treatment in cases where a prisoner suffers an injury or disease, and the prisoner is injured by his/her intentional or gross negligence.

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