[손해배상(기)][공1990.3.15(868),509]
The case holding that a public health clinic has a duty of care to take prior measures for the prevention of boo-traps, safety measures after injection, observation of boo-traps when he gives boo-traps to a tuberculosis patient.
Even if a Leptostoma is included in the standard measure in the national tuberculosis management system, and the shock is very rare, if it is possible to recognize the shockr from an objective point of view in view of the level of medical science at the time of the instant case, it shall be taken after devising first-aid measures against the shockr in preparation for the shockr which might not occur if he or she might be aware of the shockr, and in particular, he or she shall be given a duty to take first-aid measures such as securing the level of radiation and medication when the shockr might occur after the injection during the time when the shockr could occur.
Article 750 of the Civil Act
[Defendant-Appellant] Plaintiff 1 and 3 others, Counsel for defendant-appellant
Attorney Kim Jong-gun et al., Counsel for the defendant-appellant
Seoul High Court Decision 87Na514 delivered on July 15, 1987
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
According to the reasoning of the judgment, the court below found that the non-party 1 did not have a duty of care to observe the non-party 2's non-party 1's treatment and treatment of the non-party 2's treatment and treatment of the non-party 1's treatment and treatment of the non-party 2's treatment of the non-party 1's treatment and treatment of the non-party 2's treatment of the non-party 1's treatment and treatment of the non-party 2's treatment of the non-party 1's treatment and treatment of the non-party 2's treatment of the non-party 1's treatment and treatment of the non-party 2's treatment of the non-party 1's treatment and treatment of the non-party 2's treatment of the non-party 1's treatment and treatment of the non-party 2's treatment of the non-party 2's treatment and treatment of the non-party 2's treatment of the non-party 2's treatment of the non-party 2's treatment.
In light of the records, the above fact-finding and judgment of the court below are not erroneous in the rules of evidence, or there is no error in the misapprehension of legal principles or lack of reason as to the duty of care of the public health clinic under the Act on Special Measures for the Medical Treatment in Agricultural and Fishing Villages.
The issue is groundless.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won