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(영문) 서울중앙지방법원 2016.12.08 2015가단177691
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was detained on August 30, 2010, and was under confinement until February 22, 2012. On February 23, 2012, the Plaintiff re-entered and released from prison until October 24, 2012, and the institution and date of the Plaintiff’s acceptance are as follows.

The correctional institution’s correctional institution’s correctional institution on January 14, 201, January 14, 201, 201, when the period of admission, transfer, and release was transferred on August 30, 201, shall be the Government Correctional Institution on April 19, 201, April 30, 201, the 111th day of November 30, 201, of November 30, 201, the date of which was December 30, 201, Seoul’s 13th day of April 30, 2012, the date of which was July 30, 201, the date of which was July 30, 2012.

B. On October 24, 2012, the Plaintiff received medical treatment from a clinic in the B-type surgery following the date of release from the hospital. On November 12, 2012, the Plaintiff received medical treatment from C Hospital and received disc surgery on the 15th day of the same month.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff complained of the pains, pelI or disc surgery while living in a correctional institution, etc., but doctors in the correctional institution are simply exposed to radiation shooting and the Plaintiff, a prisoner, should bear expenses for MP or disc surgery on November 15, 2012, which was subsequent to the release of the Plaintiff, and the Plaintiff received disc surgery only after the release of the Plaintiff. Accordingly, the Plaintiff was under pelI or disc surgery. Accordingly, the Plaintiff’s act committed by the person in charge of the correctional institution, who was admitted, violates Article 36 of the Administration and Treatment of Correctional Institution Inmates Act stipulating the adequate medical treatment duty for prisoners, and thus, the Defendant is obligated to compensate for damages suffered by the Plaintiff, including five million won paid for medical expenses, etc., and Article 19(3) of the Enforcement Rule of the Punishment and Treatment of Correctional Institution Inmates Act provides that personal information is leaked, such as a corrective program.

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