[2] Where a doctor who could have predicted suicide of a mentally ill person is isolated from his/her protection room, the duty of care in performing his/her duties

[3] The case where the amount of actual income is calculated on the basis of the same wage as the normal person without recognizing the loss of labor ability as temporary mental illness of the mentally ill person considering all the circumstances

[2] In light of the fact that in the case of a patient with a depression, there is a possibility of suicide at any time even if the patient is dead, and since there are cases of suicide among the patients, if the patient is hospitalized, the treatmentr should look at the patient as near as the patient increased, in order to prevent the suicide. In the case of isolation of the patient in the protective room, the doctor who could have predicted the possibility of suicide of the patient has a duty of care to prevent the suicide of the patient by taking measures such as informing the nurse and nurse's nurse of the risk of suicide to inform the patient and nurse's nurse of the risk of suicide continuously and carefully examine the patient's condition.

[3] The case where the amount of actual income is calculated on the basis of the same wage as the normal person without recognizing the loss of labor ability as the mental illness of the mentally ill person is deemed as temporary considering all the circumstances

2. The defendant's remaining appeal is dismissed.

3. The costs of the lawsuit are divided into the first and second instances, and the first and second instances together are assessed against the plaintiffs, and the remainder are assessed against the defendants, respectively.

The defendant paid 62,967,963 won to the plaintiff Song-soo and 20% interest per annum from May 19, 200 to May 31, 2003, and from the next day to the day of complete payment to the plaintiff Park Jong-dae, the amount of 3,00,000 won per annum for each of the above amounts of 62,967,963 won, the plaintiff Song-chul-si, the Song-si and Song-si, and the above amounts of 3,00,000 won per annum from May 19, 200 to May 31, 2003, and the amount of 20% per annum from the next day to the day of complete payment (the plaintiff's claim was reduced at the trial).

2. Purport of appeal

The part against the defendant in the judgment of the first instance is revoked, and all of the plaintiffs' claims corresponding to the revocation are dismissed.

The following facts are not disputed between the parties, or are acknowledged in full view of Gap evidence 1, evidence 2-1, evidence 2-2, evidence 6-1, evidence 2, 8 through 12, 22-2, 27, 30 through 36, 38 through 41, 46 through 51, 54, evidence 2-2 through 6, evidence 8 and 9-2, evidence 5, evidence 6-5, evidence 45, 52, and evidence 1 through 3-1 of evidence 7-3, and the whole purport of the pleadings can be acknowledged in full view of evidence 5, evidence 6-6-2, evidence 43, 45, 52, and evidence 1 through 3-1 of evidence 7-1 to 3-3, and there is no contrary counter-proof, contrary to this, any entry of evidence 5, evidence 6-2, and evidence 7-1 through 3-3 of evidence 7-1.

A. Reasons for death and the status of a party;

(1) The non-party 2 (hereinafter referred to as the "the deceased") was hospitalized in the National Armed Forces Hospital in Seoul Special Metropolitan City on August 25, 1998 as a result of the increase of his military service, including: (a) Nonparty 2 was hospitalized in the military service; and (b) he was hospitalized in the National Armed Forces Hospital in Daegu Special Metropolitan City on August 25, 1998; and (c) the deceased was hospitalized in the military as a result of a net accident, a weather accident, etc.; (d) through the above hospitalized treatment, “the deceased person’s symptoms still remains in part, but it does not cause serious obstacles to the military life; and (e) it does not cause any problem to work as an exchange disease, which is a position of the deceased, and performed normal military service after being discharged.”

(2) On December 7, 1998, the deceased was hospitalized in the Korean Armed Forces Diplomatic Hospital and was treated for treatment after being transferred to the Korean Armed Forces Diplomatic Hospital. As the above symptoms were mitigated through the above treatment, the deceased discharged on February 11, 1999, and the deceased was discharged from military service on December 11, 199 after being discharged from military service without escape.

(3) Although the Deceased was born to the university on March 4, 199, as a result of symptoms, such as apprehensions, anti-human challenge, depression, etc., the Deceased was temporarily closed from school around June 199 and received treatment at a private hospital. On June 22, 1999, the Deceased received treatment from the National Naju Mental Hospital (hereinafter referred to as the “Naju Mental Hospital”) established and operated by the Defendant. Until this time, the Deceased did not interfere with the performance of social life when receiving treatment mainly by drugs.

(4) However, since March 14, 200, the Deceased had been prescribed for drugs at the Jeju Mental Hospital. On March 28, 2000, the Deceased showed abnormal symptoms, such as: (a) the Plaintiff, his father, and the Plaintiff, on the ground that he did not demand the money from the Plaintiff, the Plaintiff, who was the Plaintiff’s father, but did not demand the money; and (b) the Plaintiff, she was hospitalized in the police station and the 119 emergency squad on the same day at around 19:30 on the same day, on the ground that he did not demand the money from the Plaintiff, the Plaintiff, who was the Plaintiff’s father, and the Plaintiff’s her bridge, attempted to knife the Plaintiff’s bridge.

(5) Even after having arrived at Naju Mental Hospital, the Deceased took a aggressive behavior, such as balbbbbling, and spathing, and spathing. Accordingly, the Nonparty, the doctor on duty at Naju Mental Hospital, was found to have difficulties in shocking the Deceased, and the Deceased’s care was treated in a protective room in the 21-cule from March 28, 200 to March 29, 200 (referring to a place where the patient or his neighbors are isolated if it is inevitable to avoid risks when the patient or his neighbors are highly likely to be in danger; hereinafter referred to as “instant protective room”).

(6) On March 29, 200, the deceased moved from the protection room around 08:00 on the following day to the general sick room. However, around 18:00 on the same day, the deceased appeared to be in contact with all the surrounding people, so they want to enter a mixed protection room. As a doctor with the mental hospital, the deceased was isolated from the protection room from around 18:00 on March 29, 200 to 18:20 on the same day.

(7) At around 15:00 on March 30, 200, the deceased said that he would be confused with Nonparty 5, a nurse, and that he would like to be confused. The report of the said steel boat was directed to isolate the deceased in the protection room.

(8) After the deceased was isolated in his care room, the principal mental hospital nurses and assistant nurses inspected the condition of the deceased in his care room around 15:15 on March 30, 200, around 15:30 on and around 15:40 on March 30, 200, and around 15:40 on. The deceased was seated on the bed in his care room each time.

(9) On March 30, 200, at around 15:48, the deceased used the patient clothes to install a wire network in the protective room (two windows and two windows at a height of 2.3 meters from the floor of the protective room, which was installed at a height of 2.3 meters. However, since a steam heating system was installed at a height of 60cm below the floor, the deceased was able to take a bath on the wire network because the deceased was installed at a level of 60cm below the above system, and the deceased was able to take a bath on the wire network.) was found to be found to be the non-party Kim-ro who was hospitalized in the main mental hospital. After taking emergency measures against the deceased, the deceased died to the Joseon University Hospital on May 19, 200.

(10) The 21st illness ward admitted by the Deceased was a closed ward who accommodates and treats a serious mentally ill person. The hospital was divided into A soldier’s ward who accommodates female patients and B soldier’s ward who accommodates male patients. Since the hospital was installed in the middle, it was not possible to directly monitor the inside of the nurse room.

(11) The body of the deceased, the body of the deceased’s body, the body of the deceased’s body, the body of the deceased’s body, the body of the plaintiff’s body, the body of the plaintiff’s body, the body of the plaintiff’s body, the body of the plaintiff’s body, the plaintiff’s body of the defendant’

(b) Relevant medical opinions;

(1) Generally, among persons with mental illness, (1) in cases of man-made or violent inclinations, (2) in cases of male, (3) in cases of depression or in cases where a long period of depression continues, (4) in cases of mental and medical experience in the past, the risk of suicide is high, and (2) in cases of depression, the mental and patients are dynamicly committed, and even if the patient seem to have a normal condition, it is the first priority task to prevent suicide due to depression in treatment of depression. In particular, in cases of hospitalization of a patient, the patient shall be examined as close to the number of medical practitioners to prevent suicide.

2. Relevant legal provisions;

Article 46 of the Mental Health Act provides that the isolation of a patient shall be carried out in the facility concerned for the purpose of reducing the risk to a minimum extent and promoting the treatment or protection of the patient himself/herself in cases where it is clearly difficult for the patient or his/her neighbors to avoid the danger due to the symptoms of the patient, and there is a high possibility that the patient's or his/her neighbors may be in danger, and it shall be conducted in the facility for the purpose of treating or protecting the patient himself/herself, and the safety guidelines for the patient who is likely to commit suicide shall reduce the number of time to a mixed person in cases of the patient who is likely to commit suicide, and shall observe the patient from time to time in cases of isolation in the protection room due to the risk of self-harm

3. Occurrence of liability for damages;

A. (1) As seen earlier, the protection room is a place where the patient himself/herself or his/her neighbors are isolated where it is inevitable to avoid the risk, and a patient is likely to self-harm or commit suicide in a mixed protective room, and the mental and the patient commits suicide in a dynamic manner. As such, the defendant who establishes and operates the Naju mental hospital is to prevent the patient from committing suicide in the protective room. (1) If the patient who is likely to commit suicide such as the deceased is in the protective room, the protection room of this case should be installed in a structure that makes it possible for the hospital-related persons such as doctor and nurse to observe at all times. However, the inside of the protective room of this case cannot be directly supervised at the nearest distance from the protective room of this case. (2) In addition, the negligence installed in order to observe the inside of the protective room of this case through a window installed at the protective room of this case, and (3) in a place that does not contact with the patient's hand, even if it is installed at a height of the protective net of this case.

(2) Meanwhile, considering the nature of the duties of managing a person’s life, body, and health, a doctor has a duty of care to take the best measures required to prevent the death by the patient’s specific symptoms or circumstances. As seen earlier, the deceased was suffering from unstable, unfeasiness, and depression. Due to such friendly symptoms, he/she had been hospitalized in a mental department and experienced treatment, and his/her father had attempted to commit self-harm by inserting his/her knife, such as inserting his/her knife and obsium, and forced hospitalization in a knifeic hospital. Since it was difficult for a doctor to regulate the suicide even after being hospitalized in a knifeic hospital, and it was difficult for him/her to take measures to protect the deceased, the above knife, which is a mental doctor, to be in charge, could have predicted the possibility of suicide of the deceased at any time, by taking measures to protect the deceased’s nurse at any time, and thus, it is probable that the patient was able to be able to be able to be able to be able to perform suicide.

(3) Therefore, due to the negligence of the Defendant and the doctor in charge of Naju Mental Hospital as above, the deceased easily committed suicide by putting trees on the protective cell network using the steam heating apparatus in the protective cell. In addition, as the nurses and nurses of Naju Mental Hospital failed to continuously monitor the deceased’s movement, the deceased was found late and the death accident of this case occurred. Thus, the Defendant is liable for damages suffered by the deceased and the plaintiffs due to defects in the establishment and management of the protective cell and the occupational tort of the said car metal, the Defendant, who is a public official belonging to the Defendant, due to the construction and management of the protective cell of this case.

B. Limitation on liability

However, even though the deceased cannot be deemed to have a complete decision-making ability such as normal person in light of the above-mentioned condition, treatment process, etc., he/she could not be deemed to have a sufficient mental capacity to determine his/her body, etc., but he/she himself/herself had a sufficient mental capacity to determine the risk of his/her body, etc., but he/she committed suicide by selling his/her neck using patient uniforms, and such error was caused by the occurrence of the damages in this case. Therefore, the calculation of the damages to be compensated by the defendant shall be taken into account, but it is reasonable to view the negligence ratio of the deceased as 70%

4. Scope of liability for damages

(a) The deceased’s lost income;

The loss of lost income equivalent to the monetary total assessment value of the capacity of the deceased lost due to the instant accident is KRW 173,457,87, based on the facts and the assessment as follows: (a) calculated at the present price at the time of the accident in accordance with the Hofman Identification Calculation Act, which deducts the intermediate interest of KRW 5% per annum as follows:

(1) Facts of recognition

(a) Gender: Male;

Date of birth: June 14, 1975

Accidents Date: May 19, 2000

Age at the time of an accident: 24 years of age and November 5

(b) Residential rights: the city;

(c) Monthly income: The daily wage of an ordinary worker who is engaged in the daily work of a city (34,360 won in the first half of 200, gold 37,052 won in the second half of 200, gold 37,483 won in the second half of 201, gold 38,932 won in the second half of 201, gold 40,922 won in the second half of 202, gold 40,922 won in the second half of 202: 45,031 won in the second half of 203: gold 50,683 won in the first half of 203); and

Since it is apparent that the defendant is unable to work for the deceased to the same extent as normal person because he suffers from mental illness, it is unreasonable to calculate the average urban wage of the deceased in calculating the lost income of the deceased. As seen earlier, as to ① net accidents around August 25, 1998, and symptoms such as weather accidents, etc., through hospital treatment, "the symptoms of the deceased remains in part, but there is no problem in working for an exchange as a position of the deceased, because they do not cause serious harm to military life," ② The defendant's normal military service cannot be performed after discharge, ② the above symptoms were reduced through hospital treatment for the same symptoms around December 7, 1998, and thus it is difficult to find that there is no possibility that the deceased would have been suffering from mental illness such as a lack of normal symptoms after discharge, ④ the fact that there is no possibility that the deceased would have been suffering from constant symptoms such as 20 days after discharge without any specific symptoms such as symptoms, etc. < Amended by Act No. 5777, Feb. 11, 1998>

(d) Operating period and operating days: 22 days per month until he reaches 60 years of age;

(e) Cost of living: 1/3 of income;

[Ground of recognition] A without dispute, significant facts in this court, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-5, the whole purport of oral argument

(ii)Calculation (for the convenience of calculation less than a month shall be counted in the side on which the appraised value is less than a month, and less than the last month and less than a won shall be discarded; hereinafter the same shall apply).

(1) The lost income from May 19, 200 to July 18, 200: 1,001,594 won (gold 34,360 won ¡¿ 22 days ¡¿ 1.9875 x 2/3)

(2) lost income from July 19, 200 to January 18, 2001: 3,187,702 won [gold 37,052 won x 22 days x 5.8659 (7.834-1.9875) x 2/3];

(3) lost income from January 19, 201 to July 18, 2001: 3,147,817 won [gold 37,483 won ¡¿ 22 days x 5.7259 (13.5793-7.8534) x 2/3];

(4) lost income from July 19, 2001 to January 18, 2002: 3,193,32 won [gold 38,932 won x 22 days x 5.5925 (1718-13.5793) x 2/3];

(5) lost income from January 19, 200 to July 18, 2002: 3,280,094 won [gold 40,92 won x 22 days x 5.4651 (24.6369-17.18) x 2/3];

(6) lost income from July 19, 2002 to January 18, 2003: 3,529,139 won [gold 45,031 won ¡¿ 22 days ¡¿ 5.345 (29.904-24.6369) x 2/3];

(7) lost income from January 19, 2003 to June 13, 2035: 156,118,209 won [gold 50,683 won x 22 days x 210.0196 (240-29.9804)]

(8) Total amount: 173,457,87 won (1 + ② + No.550 + No.550 + No.500 + No.500)

(b) Funeral expenses.

(1) Expenditure: The number of copies sent by the plaintiff

(b) Amount: 3,00,000 won (in the absence of any dispute)

C. Limitation on liability

(1) The scope of the defendant's liability: 30%

(2) Calculation

(a) Property loss of the deceased: gold 52,037,366 won (gold 173,458,387 won x 0.3)

(B) Funeral expenses damages for the Plaintiff’s mineral trees: 900,000 won (gold KRW 3,000,000 x 0.3)

(d) Condolence money;

(1) Reasons for consideration: The background and result of the instant accident, the deceased and the plaintiffs' age, family relationship, and other various circumstances shown in the argument of the instant case.

(2) The amount determined;

Deceased: 9,000,000 won

Plaintiff Song-su, Park Jong-chul: 2,000,000 won, respectively.

Plaintiff Song-gu, Song-gu, Song-young, Song-young, and Song-si: 500,000 won, respectively.

(e) Inheritance relationship;

(1) The deceased’s property heir and inheritance ratio: the Plaintiff’s number of mines and the Plaintiff’s 1/2, respectively.

(2) Inheritance amount;

Plaintiff Song-su and Gambling : 30,518,683 won [2,037,366 won + 9,000,000 won + 1/2], respectively.

F. Sub-committee

Therefore, the defendant is obligated to pay 33,418,683 won (legally inherited KRW 30,518,683 + funeral expenses + KRW 900,00,000 + funeral expenses + KRW 2,000,000) to the plaintiff Park Jong-soo and KRW 32,518,683 (legally inherited KRW 30,518,683 + KRW 2,000,000 + 2,00,000,000) to the plaintiff Park Il-young, and KRW 50,00,00 for each of the above amounts from May 19, 200 to May 31, 200; and KRW 32,518,683 to the plaintiff Park Jong-dae-young; and KRW 500,000 per annum from the day after each of the above amounts is paid to the plaintiff from May 19, 200 to the day of full payment.

5. Conclusion

Therefore, each of the plaintiffs' claims in this case is justified within the scope of the above recognition, and each of the remaining claims is dismissed as without merit. Since the judgment of the court of first instance is unfair with different conclusions, part of the defendant's appeal is accepted, and the part of the judgment of the court of first instance ordering payment of KRW 33,118,758 against the defendant is revoked and the part against the defendant ordering payment in excess of the above quoted amount (However, the part ordering payment of KRW 33,118,758 against the transmitted amount of the plaintiff cannot be changed to the defendant in this case where only the defendant filed an appeal cannot be changed to the disadvantage of the defendant) is dismissed and all of the corresponding plaintiffs

Judges Cho Jong-ok (Presiding Judge)