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(영문) 부산지방법원 2016.12.08 2015고단5624

업무상과실치사

Text

1. Defendant A shall be punished by imprisonment without prison labor for one year;

The execution of the above punishment shall be carried out for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s co-offendered Defendant A were the doctors working for the outside department and professor at a hospital located in Seo-gu, Busan as well as the victims E (the age of 78 at the time of treatment).

Defendant

B is a radiation worker working at the above hospital.

On February 17, 2011, the victim got a captain cancer surgery from Defendant A on November 29, 201. On November 29, 2012, after completing the CT inspection that administers the operation for regular medical examinations, there was a fact that the victim lost consciousness and was treated in an emergency room due to Annaphylaxis caused by an Anaphylaxis in accordance with the steering system.

The medical information on the above facts of the victim was registered in the name of the online system that shares the patient's past medical information, such as medical history, to the medical staff of the above hospital, and the Defendants were in a state of being aware of the above facts immediately through the pop-up window that warns the victim to the fact that the patient's name had an early side effect upon searching the victim from F.

Defendant

A has a duty of care to consider the past experience of treatment, such as the victim's early side effects, and to suggest other alternative means, or to take measures to prevent side effects of the early operation even if the CT inspection which inevitably administers the early operation system, A has a duty of care.

Defendant

B was confirmed by F prior to the CT inspection that there was a side effect on the steering system against the victim, so there was a duty of care to inform this immediately to the doctor or the doctor in charge of image and to have different instructions.

Nevertheless, the Defendants limited to a warning of the victim's early side effects registered in F in violation of the above duty of care, and Defendant A recommended the victim outside the above hospital and the treatment room to undergo a regular medical examination after about one month from the date of December 9, 2013, and had the victim conduct a CT inspection that is needed to conduct a regular medical examination. Defendant B is the department of video of the above hospital around January 8, 2014.