A. The time to determine whether a person has a mental disability in a medical treatment and custody case

B. Whether a state of mental disorder at the time of crime can be deemed as having caused mental disorder even at the time of judgment

A. In order for a person subject to medical treatment and custody under Article 8(1)2 of the Social Protection Act to become a person subject to medical treatment and custody, the determination of whether a person has a mental health and medical treatment and custody claim should be based on the time when the person has committed a crime corresponding to imprisonment without prison labor or a heavier punishment and the risk of re-offending is recognized.

B. Unless it is proved that a person subject to protection was under the state of mental or physical disability at the time of the criminal act, and there is no evidence that the mental illness of the person subject to protection was completely cured at the time of the judgment, and that the disease was not repeated, the disease at the time of the criminal act may continue to exist or may cause a new mental or physical disorder.

Article 8(1)2 of the Social Protection Act

Applicant for Custody

Applicant for Custody

Attorney Lee In-bok

Seoul High Court Decision 82No136 delivered on July 16, 1982

The appeal is dismissed.

The grounds of appeal are examined.

In order for a person subject to medical treatment and custody under Article 8 (1) 2 of the Social Protection Act to become a person subject to medical treatment and custody, the crime corresponding to imprisonment without prison labor or a heavier punishment should be committed and the risk of re-offending is recognized as a person with a mental disability, and the determination of whether or not a person with a mental disability should be based on the time of the judgment on the request for medical treatment and custody, not on the market price of act, but on the basis of the time of the judgment on the request for medical treatment and custody. However, it is proved that a person subject to medical treatment and custody in this case has been under the condition of mental disorder at the time of criminal act, unless there is any evidence that the applicant for medical treatment and custody has been completely cured and the disease in this case is completely cured at the time of the judgment and there is no other evidence that the person subject to medical treatment and custody in this case should continue to suffer from mental disorder, or cause a new mental disorder. In the same purport, the court below is just and there is no error in the misapprehension of legal principles or incomplete deliberation on the person subject to medical treatment in this case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)