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The judgment below
The part against the plaintiffs is reversed, and that part of the case is remanded to the Seoul High Court.
The defendant.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Judgment on the Defendant’s grounds of appeal
A. As to the ground of appeal No. 1, the lower court acknowledged the following facts: (a) the Plaintiffs suffered from Hansen’s disease both; (b) whether the Defendant was hospitalized in F Hospital, Daegu G, Kimcheon-H, I Hospital (J), etc. (hereinafter “F Hospital, etc.”) operated by the Defendant for the treatment and isolation of patients suffering from Hansen’s disease; (c) from around 1959 to around 1974, the Defendant was forced to undergo abortion surgery by its affiliated doctors, nurses, etc.
Based on the facts stated in its reasoning, the lower court acknowledged the Defendant’s State liability against the Plaintiffs on the ground that: (a) the Defendant’s child-restricted policies and abortion surgery on human rights affected by Hansen’s disease did not have legal basis; (b) did not meet the suitability of the means and the minimum degree of infringement; and (c) did not have any balance of legal interests; (d) violated the Constitution by infringing on the personality rights, equality rights, right to self-determination; (e) the right not to be damaged; and (e) the right not to freedom of privacy and the right to pursue happiness; and (e) even if the person affected’s disease was
In light of the relevant legal principles and records, the lower judgment did not err by misapprehending the legal doctrine regarding the requirements for establishing State liability, or by misapprehending the legal principles due to insufficient deliberation, etc.
B. As to the ground of appeal No. 2, the lower court: (a) enacted the Act on Finding the Truth of Persons Affected by Hansen’s Disease and Assistance to Victims’ Living, etc. (hereinafter “the Act”) enacted on October 17, 2007; (b) accordingly, constituted the Committee for Finding the Truth of Persons Affected by Hansen’s Disease (hereinafter “the Committee for Finding the Truth”) and subsequently, received an application from the victim.