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(영문) 부산지방법원 2017.08.24 2016가합51029
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. Defendant B is a psychiatrist of the E Hospital located in Yangsan-si, and Defendant C is the representative of the E Hospital and the employer of Defendant B.

Pursuant to Article 53 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (former Mental Health Act), the defendant Yangsan City has established a Basic Mental Health Deliberative Committee (former Basic Mental Health Deliberative Committee) and has the examination of discharge and continuous hospitalization treatment of mentally ill persons, etc.

B. From February 21, 2014, the Plaintiff hospitalized in the E Hospital (hereinafter “instant hospitalization”). The E Hospital requested an examination of continuous hospitalization to the Plaintiff to the public health clinic of Yangsan-si for six months. The Basic Mental Health Deliberation Committee of Yangsan-si approved continuous hospitalization treatment to the Plaintiff following an examination.

C. On October 23, 2015, the Plaintiff discharged the hospital from E Hospital.

【In the absence of dispute, the Plaintiff, F, G, etc., who is the Plaintiff’s child, conspired with the Plaintiff, who had a normal history of decentralization on February 21, 2014, forced the Plaintiff to be hospitalized into E hospital, and forced the Plaintiff to take away from E hospital.

Defendant B, a doctor of the E Hospital, did not examine whether the Plaintiff was affected by dementia and decided to conduct a dementia diagnosis and hospitalization.

The defendant Yangsan City did not conduct an examination despite the evaluation of the appropriateness of the admission of the plaintiff, or aided and abetted the illegal confinement of the plaintiff's children, defendant B, and C by only formal examination.

Accordingly, the plaintiff was unlawfully detained for 610 days from the date of the decision of discharge until October 23, 2015, which is the date of the decision of discharge.

Therefore, Defendant B and Defendant Yangsan market are liable for damages to the Plaintiff, and Defendant C, the employer of Defendant B, also have the obligation to compensate for the Plaintiff’s damages jointly with Defendant B.

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