1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

1. Determination on the main claim

A. (i) The Plaintiff was registered as a person with mental disorders Grade 2, and the Plaintiff was forced to be hospitalized in the Socheon Mental Hospital for the first time around 2000, resulting in a mental outbreak, and thereafter was hospitalized in the Incheon Hospital on May 20, 2003.

The Defendant, as seen above, drafted a written consent as a legal guardian at the time when the Plaintiff was subjected to compulsory admission.

The plaintiff also caused mental development on December 26, 2003, and the defendant moved the plaintiff to D Hospital as a mental medical institution on the same day.

At this point, the Defendant indicated himself as the legal guardian’s legal guardian’s consent to the Plaintiff, and indicated the Plaintiff’s address in the Plaintiff’s address column as “Sacheon-si, Gyeonggi-do, and the legal guardian’s address to the same effect as the Plaintiff’s address even though he did not live in the same address as the Plaintiff’s address.

Fidelity D Hospital employees confirmed the Plaintiff’s consent to hospitalization by telephone communications with F and F, and stated the purport in the written consent to hospitalization.

Applicant The plaintiff was forced to be hospitalized in D Hospital after the procedure of compulsory hospitalization as above, and was discharged from D Hospital around May 2004.

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

B. Article 21 (Person Responsible for Protection) (1) of the Mental Health Act (amended by Act No. 6893 of May 29, 2003 and enforced on July 30, 2004) (1) of the same Act shall be a person responsible for protection of a mentally ill person.

Provided, That no person who falls under any of the following subparagraphs shall be a legal guardian:

1. Incompetent or quasi-incompetent;

2. A person declared bankrupt and not yet reinstated;

3. A person who is or was in a pending lawsuit against the psychopath, and his spouse; and

4. A minor;

(2) A missing person as provided in paragraph (1) shall be between the legal guardian.