1. As to the grounds of appeal on the treatment of acute malutism and the assertion of negligence by all of them

(a) When a doctor provides medical services, such as diagnosis, treatment, etc., he/she has a duty of care to take the best measures required to prevent any danger depending on the patient's specific symptoms or circumstances, considering the nature of the service controlling

Such a duty of care of a doctor shall be based on the level of medical practice performed in the field of clinical medicine, such as medical institutions, at the time of performing medical practice. The level of medical care refers to the so-called medical common sense known to and known to ordinary medical doctors at the time of medical practice. As such, the normative level should be determined in light of the environment and conditions of medical treatment, the peculiarity

(see, e.g., Supreme Court Decisions 98Da45379, 45386, Mar. 26, 1999; 2009Da45146, Nov. 10, 201). In cases where a physician allows a nurse to participate in medical practice, the medical practice is performed under the responsibility of the doctor, and the nurse is merely an assistant.

In a case where a nurse performs “medical assistance,” one of all acts, but no doctor shall be present at the site and be subject to guidance and supervision. As such, there may be sufficient cases where a physician conducts general guidance and supervision without having to attend the site of assisting medical treatment. However, this means that a physician may instruct or delegate part of a nurse’s assistance in consideration of the nature, risk, etc. of the relevant medical act while performing his/her medical act under his/her own initiative (see, e.g., Supreme Court Decision 2010Do5964, May 10, 2012). Meanwhile, civil liability and criminal liability due to medical malpractice are based on the guiding ideology, burden of proof, degree of proof, etc.