[2] The case holding that in a case where a patient A suffering from alcohol dependence was killed while hospitalized in the hospital B and being treated, a proximate causal relation between the negligence of the hospital B, such as the administration of medicine by the medical staff, and the death of the patient A, which did not comply with the guidelines for the package inserts of the drug, is acknowledged, and that the violation

[2] In a case where a patient A suffering from alcohol dependence was hospitalized in the hospital B for treatment, the case holding that the medical personnel of the hospital B failed to explain the patient or his/her guardian's side effects accompanying the reasons and accompanying risks, and thus, it is recognized that the medical personnel of the hospital B failed to explain the following: (a) in light of the fact that the medical personnel of the hospital B injected the medicines not permitted for being sculed to be sculed; (b) neglected to observe the transitional observation, such as the sculical observation measures; and (c) administered the said medicines and the gold-puling drugs, the proximate causal relation between the negligence and death of the medical personnel of the hospital B; and (b) the medical personnel of the hospital did not explain the patient or his/her guardian's side effects accompanying

A. The Defendant shall pay to Plaintiff 1 34,89,273 won and each of the above amounts with 5% per annum from August 5, 2008 to March 22, 2012, and 20% per annum from March 23, 2012 to the date of full payment.

B. The defendant shall pay to the succeeding intervenors 3,390,849 won and 5% per annum from January 13, 2012 to March 22, 2012, and 20% per annum from March 23, 2012 to the date of full payment.

2. The remaining appeals by the plaintiffs and the successor's remaining appeals by the plaintiff 1 and the claims extended in the trial are dismissed, respectively.

3. Of the total litigation cost, 70% of the total litigation cost is borne by the Plaintiffs and the succeeding intervenors by Plaintiff 1, and the remainder 30% by the Defendant respectively.

4. The portion of payment of the amount under paragraph (1) may be provisionally executed.

The plaintiffs: The defendant shall pay to plaintiffs 1 366,694,660 won, 245,796,440 won, and 5% per annum from August 5, 2008 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

The succeeding intervenor of Plaintiff 1: The defendant shall pay to the succeeding intervenor of Plaintiff 1 the amount calculated by the ratio of 20% per annum from the day following the delivery of the request for correction of the purport of the claim and the cause of the claim as of January 10, 2012 to the day of complete payment (the succeeding intervenor of Plaintiff 1 extended the purport of the claim at the trial).

2. Purport of appeal

Plaintiffs: The part against the Plaintiffs ordering payment under the judgment of the first instance shall be revoked.

The defendant shall pay 256,686,262 won to the plaintiff 1, 172,057,508 won to the plaintiff 2, and 5% per annum from August 5, 2008 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

Plaintiff 1’s succeeding Intervenor: The part against Plaintiff 1’s succeeding Intervenor in the first instance judgment shall be revoked.

A. Status of the parties

Plaintiff 1 is the wife of the deceased Nonparty (hereinafter “the deceased”). Plaintiff 2 is the deceased’s child, and the Defendant hospital is a hospital specialized in alcohol dependence treatment. The Defendant hospital is a hospital that is hospitalized in the “○○○○ Hospital” (hereinafter “Defendant hospital”).

(b) The deceased's king force, etc.;

The Deceased is a alcohol dependence patient who suffers from excessive alcohol alcohol alcohol alcohol, and was diagnosed at the beginning of the beginning of the year in 2007, and was hospitalized in the Defendant Hospital for the first time on December 17, 2007 to treat alcohol dependence, and was discharged on February 18, 2008, again discharged from the Defendant Hospital for the first time on February 18, 2008, and was hospitalized in the Defendant Hospital from June 24, 2008 to July 6, 200 of the same year. When receiving two hospitalized treatments as above, the Deceased was treated as a mixed fluoring 4m and 5m of Apoppy on the day of hospitalization.

C. Progress of the instant medical accident

1) After that, the Deceased was hospitalized in the Defendant Hospital on August 5, 2008, when the Deceased was in a breath’s house while receiving outpatient treatment at the Defendant Hospital, and was in the influence of alcohol on the part of the Defendant Hospital at around 10:40 on August 5, 2008. The results of the examination of active signs at the time of hospitalization showed that blood pressure was 110/70mm Hg, becambling 84 times, becambling, 26 times/minutes, and 36.5 times at her body temperature, but the state of hygiene was inferior, but there was a lack of sanitary condition, but there was a stod, stod, and a long-term stodstroke.

2) 이에 피고 병원 의료진은 같은 날 10:50경 망인에게 간을 보호하기 위한 수액치료를 시작하면서 알코올 금단증상을 완화시키기 위하여 아티반 4㎎, 할로페리돌 5㎎을 혼합하여 정맥주사하였다. 이와 관련하여 의사 지시서(Admission Order)에는 ‘아티반 1 앰풀 IV 주1) , PRN 주2) 페리돌(할로페리돌) 1 앰풀 IV’로 기재되어 있다. 투약기록지 및 간호기록지에는 ‘같은 날 10:40 멕쿨(구토 등 소화기능 이상을 이유로 처방되었다) 정맥주사, 10:50 아티반 1 앰풀(4㎎), 할로페리돌 1 앰풀(5㎎)의 혼합 정맥주사’가 기재되어 있다.

3) From 11:10 to 13:0, the Deceased was satisfed and 13:00. At around 13:00, the Deceased’s signs measured at around 13:10 to 72% of blood pressure, beerg, and 20% of satisf, but around 15:00, the Deceased’s face with the medical personnel of the Defendant Hospital discovered out that satisf, and measured satisf, and measured satisf, and 80/50 to 5: 15:00 to 15:0 to 15:5:0 to satisf and 15:0 to satch of the Deceased, the Defendant Hospital did not carry out satisf and 15:00 to satch of the Deceased, but did not fall into 15:0 to satisf and 15:5:15:0 to satch of the Deceased.

(d) Relevant medical knowledge;

(i) Ethys;

As a copier of benaly-fin-fin-fin-fin-fin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-cin-c

(ii) Round stones;

(A) Round stones may be used for the adjustment of violent behavior, such as impulse impulse disorder, etc., with a psychotropic mental disorder (it may be used for the Gu soil), and it is an acute therapy for island network, which has little influence on cardio-cerebral or pulmonal activity, and which has an rapid effect as an injection agent. A 6-15 km per day shall be injected in installments and at least two-5 km per hour at one time.

B) According to the Round’s package inserts(pharmaceuticals), it was not permitted for beer administration (i.e., we did not obtain authorization for beer administration due to the risk of illegal connection in the Food and Drug Administration of the United States, and the Korea Food and Drug Administration also did not grant authorization for beer administration). If we are crying, we should monitor the ECG status of QT extension and illegal connection (c). Furthermore, there may be symptoms, such as low blood pressure, and in this case, there is a need to administer a passenger pressure such as a blood pressure, blood transfusion or high concentration, and Ephineines have deteriorated low blood pressure in case of sick, so it should not be used, and in case of abnormal administration, it should be sufficiently indicated that crypheric pressure, such as blood pressure, high-speed or high-concentration, etc., during the reaction of cycle machines, in a case where there are more than a normal level of administration, it should be sufficiently indicated that crypheric pressure should be suspended, so it should be done so far as it should be done so.

C) The highest degree of blood fluoral fluoral fluor’s maximum degree of fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor within 2-6 hours after the administration of the Gu (10-20 minutes after the administration of the Gu, and the highest degree of fluoral fluoral fluoral fluoral fluor.

(iii) Islands;

Although island network is similar to mixed money, it refers to frequent appearance of serious excessive behaviors (e.g., g., sashing, sashing, sashing, cutting the save, cutting the save, cutting the saves) and saved, save, and saved and separated. However, in some cases, it is necessary to ensure the stability of the patient by administering the savement or exemption when the saves often appear in diseases, external diseases, e.g., telephone infection, save, brain, saf, general anesthesia, etc., and when the patient shows excessive activities or threatens to threaten his/her neighbors.

From the 2-3th day after gold week (the opinion that considers it as 1-3th day after gold week), the development network becomes extinct within 3 days after reaching the highest 4-5th day after gold week. On the other hand, if island symptoms appear, in principle, the first day shall be counted 4-6 times or more until the patient is stable, and the first day shall be reduced by 20% per day when the patient is sufficiently stable. If it is impossible to administer a horse, a friet shall be cut down at 4-8 minutes or more, and the friet shall be cut down. If it is impossible to do so, the frithic medicine (which belongs to the frith-pathy) may reduce the reverse frith of the gold dust. However, the friterl may be used when the frith, crithing, and the frithic disease can be recovered at the clinical site of the Republic of Korea, and the treatment of the frithic patient at the clinical site of Korea.

[Based on recognition] In the absence of dispute, Gap evidence Nos. 1, 3, 4, 7, 14, Eul evidence Nos. 5, 8 through 19, Eul evidence Nos. 5, and Eul evidence Nos. 5, 8 through 19 (including paper numbers), the result of the first instance court’s entrustment of medical records to the head of the Sincheon National University Hospital, and the result of the first instance court’s entrustment of medical records to the head of the Sincheon National University Hospital, the result of the fact inquiry to the Korean Medical Association, the Korean Medical Association, the Korean Food and Drug Administration, and the Korean Medical Association,

2. The assertion;

A. The plaintiffs' assertion

The medical personnel of the defendant hospital caused the death of the deceased due to the following medical negligence in performing the duties of diagnosis and treatment for the deceased. Since the violation of the right to self-determination of the deceased, the defendant, the employer of the defendant hospital, shall compensate the plaintiffs for the damages caused thereby.

(i)the negligence in medication and transitional observation;

The medical team of the Defendant Hospital: (a) even though the deceased’s medical team was obligated to administer appropriate psychotropic stability medicines through a close observation with regard to the condition of the deceased at the time of hospitalization, the patient suffering from alcohol dependence must have prudented; (b) the patient suffering from liver and bodily disability should have prudented; and (c) the interaction through dynamics and alcohol consumption can spread through a fluorculing process; and (d) fluoral fluor, which is a medicine reported by an unknown cause during the treatment; and (e) early fluoring a fluorction, which is prohibited from a pharmaceutical manual, by mixing 4 mphere and 5 mphere, with the deceased who breath of the brue, caused the death of the deceased to be accompanied by his low pressure; and (e) the patient was obligated to observe the fluoral fluoricide by failing to observe the fluoric pressure during the treatment.

2) Breach of duty of explanation

The medical team of the Defendant Hospital infringed the deceased’s right to self-determination by administering the Ath half of the Athropia on the date of the instant accident and failing to explain the risk and side effects of the said drugs.

B. The successor intervenor's assertion

The Intervenor of Plaintiff 1 paid KRW 11,302,830 of the survivor pension to Plaintiff 1 after the death of the deceased. Since the Defendant’s medical personnel at the Defendant hospital paid the survivor pension due to the death of the deceased, the Defendant shall compensate for the above damages to the Intervenor who subrogated Plaintiff 1 within the scope of the above survivor pension pursuant to Article 114 of the National Pension Act.

3. Occurrence of liability for damages;

A. General theory

In order to be held liable for tort due to breach of the duty of care in medical practice or for non-performance of the duty of care should be premised on the existence of causation between the violation of the duty of care in medical practice and the occurrence of damages. However, the medical practice requires highly specialized knowledge. The medical process is limited to the patient himself/herself, in addition to the patient himself/herself being aware of part of it. Since the medical procedure to achieve the result of treatment depends on the doctor's discretion, whether the direct cause of damage occurred due to the medical negligence is difficult to clearly prove that the patient is an ordinary person who is not an expert, and it is extremely difficult to prove that the causal relationship between the patient's breach of the duty of care in medical practice and the occurrence of damage is medically complete. However, if the patient dies during the medical treatment process, it is extremely difficult for the patient to prove that the act based on the common sense of the victim cannot be any other cause than a series of medical practice, and that the patient cannot be presumed to have any other cause than a series of medical practice due to the 90th or more negligence in the medical procedure.

The following can be seen as the application of the above legal doctrine to the area of medication.

Article 58 of the Pharmaceutical Affairs Act provides an accompanying note of a drug. The accompanying note of the drug requires that the manual, dosage, and other precautions necessary for the use or handling of the drug should be stated. The stated note of the accompanying note of the drug is that the manufacturer or import-distributor who holds the highest information about the risk of the drug in question carries out necessary information on his/her intent to use the drug in order to ensure the safety of the patient, and that the manufacturer or import-distributor provides necessary information on his/her intent to use the drug. Therefore, the doctor's negligence should be presumed to be presumed unless there are reasonable grounds to believe that the medical accident occurred due to the foregoing.

(b) Negligence in medical practice;

In the instant case, as seen earlier, Defendant hospital’s medical professionals did not follow the instruction on the deceased’s climatic fluor, and thus, it was difficult to find that there was no possibility of using the deceased’s climatic clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific c.

In regard to this, the defendant asserted that the plaintiff was in the same way in the case of the previous defendant hospital two times, as in the case of the case of this case, that there was no anything else, and that the defendant hospital's negligence should be denied because the plaintiff had been in a long time practice in the clinical field of treatment for patients suffering from alcohol dependence, but the defendant's negligence did not constitute a reasonable ground for the special judgment as to the fact that the above circumstance did not comply with the guidelines for the attached documents stated in the above legal principles.

On the other hand, there is no evidence to acknowledge that the defendant hospital has a legal obligation to possess an in-depth motive. Thus, the plaintiff's assertion pointing this out is without merit.

C. Breach of duty of explanation

As above, in a case where the medical personnel of the defendant hospital want to administer a medication that does not comply with the guidelines for an accompanying medicine, the increase of risk may be expected as a result of the practice of normal medication. As such, the patient or his guardian has a duty to explain the reasons and side effects accompanying the patient, increased risks, etc. so that the patient can decide whether to receive a medication for the treatment effect even if he is taking such risks. The medical personnel of the defendant hospital did not explain the above matters, and therefore, the medical personnel of the defendant hospital did not have any explanation as to the above matters, and thus, it

As to this, the Defendant asserts that the deceased’s duty to explain is not an issue, and that the deceased’s death was not within the scope of the duty to explain because the deceased’s death was not within the scope of risk expected due to medication, and that the deceased’s death does not fall within the scope of the duty to explain, and that the deceased was exempted from the duty to explain as an emergency patient in need of immediate treatment, because he did not have ability to make decisions under the influence of alcohol. However, as seen earlier, there is a proximate causal relation between the deceased’s medical team’s exercise of the duty to explain and the deceased’s death, and there is no reason to believe that there is no other evidence to prove that the deceased’s death could not have been predicted due to an increase in risk due to medication, such as marithic administration, even in the case of an ordinary administration of the deceased’s death, and that there is no other evidence to prove that the deceased’s death could not have been within the scope of the duty to explain to the deceased’s guardian at the time of giving 10-10-10-1-1-2 of the deceased’s disease.

D. Limitation on liability

Where damage occurs or has been expanded by competition between harmful acts and the factors of the victim, even if the factors of the victim are irrelevant to the causes attributable to the victim, such as the risk of physical talent or disease, the court may take into account the factors of the victim who contributed to the occurrence or expansion of the damage by applying the legal doctrine of comparative negligence in determining the amount of compensation in cases where it goes against the principle of fairness to compensate the perpetrator in light of the attitude, degree, etc. of the disease (see Supreme Court Decision 2008Da1576, Mar. 27, 2008).

In the instant case, the deceased was diagnosed at the early border because he was missing with a long-term alcohol dependence, and the deceased seems to have been diagnosed at the second week house immediately before the instant accident without eating food, and the possibility of contributing to the above long-term alcohol dependence and the possibility of causing heart suspension cannot be ruled out (as it takes precedence over maintaining the signs of living in a relatively stable manner so as not to change pulmonary pressure, misappropriation or low blood pressure in the toxic treatment of a patient with alcohol dependence, it may appear on a person suffering from ordinary alcohol dependence). However, even though the Defendant hospital's negligence was based on the clinical treatment for a long time, considering the fact that there is no possibility of criticism against the Defendant hospital's medical team's medical team's medical team's negligence for a long time, it is reasonable to consider the fair and reasonable ratio of damage liability due to the instant accident to the Defendant's damage compensation system in light of the fair and reasonable guiding principle.

4. Scope of damages;

In principle, the period of time for calculation below shall be calculated on a monthly basis, but the amount less than the last month and less than the won shall be discarded, and the present price shall be calculated at the time of the accident of the amount of damages by the simple discount method deducting the intermediary interest at the rate of 5/12 per month.

(a) The deceased’s lost income;

1) Facts and evaluation of recognition

(A)personal information;

Gender: Male and date of birth: November 1, 1969, and age at the time of an accident ( August 5, 2008): 38 years of age, nine months of age, and 39.82 years of age.

B) Assessment of income: The deceased may be engaged at least in urban daily work while residing in the urban area. As such, the daily daily wage of the ordinary worker engaged in urban daily work shall be applied.

The Plaintiffs asserted that statistical income based on the career of nine years should be applied as a scientific expert from among experts in the research report on basic statistical survey for the wage structure in 2007, since the Deceased’s degree obtained from a literature doctor’s degree in 2000 and engaged in research professors, researchers, etc., but it is difficult to specify the possibility of rehabilitation and the timing of rehabilitation in light of the fact that there was no data on income after October 2005, and that there was no long-term alcohol dependence as seen earlier, and that there was repeated entry and discharge due to the omission of a long-term alcohol dependence, as seen earlier, it is difficult to specify the possibility of rehabilitation and the point of time of rehabilitation. Therefore, in light of the concept of the damage compensation

(C) Cost of living: 1/3 of the deceased’s income;

D) Maximum working age: 254 months from the date of the instant accident to the date of 60 years of age; Provided, That even if the instant accident did not exist, it is deemed that the deceased was unable to be hospitalized until August 31, 2008, and that the operation began from September 1, 2008.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 6-1 to 4-1, substantial facts in this court, the purport of the whole pleadings

(ii)Calculation;

The following <182,493,944 won by summing up the amounts of 1 to 5:

본문내 포함된 표 ？ 기간초일 기간 말일 노임 단가 일수 월소득 생계비 m1 호프만1 m2 호프만2 m1-2 적용호프만 기간일실수입 1 2008-9-1 2008-12-31 66,622 22 1,465,684 33.33% 4 3.9588 0 0.0000 4 3.9588 3,868,233 2 2009-1-1 2009-8-31 67,909 22 1,493,998 33.33% 12 11.6858 4 3.9588 8 7.7270 7,696,081 3 2009-9-1 2009-12-31 68,965 22 1,517,230 33.33% 16 15.4580 12 11.6858 4 3.7722 3,815,530 4 2010-1-1 2010-8-31 70,497 22 1,550,934 33.33% 24 22.8290 16 15.4580 8 7.3710 7,621,289 5 2010-9-1 2029-10-31 72,415 22 1,593,130 33.33% 254 172.9983 24 22.8290 230 150.1693 159,492,811 ？ 합계 182,493,944

(b) Funeral expenses.

Plaintiff 1 3,000,000 (Rules of Experience)

C. Limitation on liability

1) The deceased’s lost income of KRW 182,493,94, and funeral expenses of KRW 3,000,000 for the deceased’s lost income

2) The defendant's ratio of liability: 30%

3) Calculation: 54,748,183 won (=182,493,944 won x 0.3) of the deceased’s lost income

Funeral expenses of Plaintiff 1 (=3,000,000 won x 0.3)

(d) Condolence money;

1) Reasons for consideration: The deceased’s age, relationship between the deceased and the plaintiffs, the background and result of the instant medical accident, the degree of negligence of the Defendant Hospital, and other various circumstances shown in the instant argument.

(ii) the amount determined;

A) Deceased: 20,000,000 won

B) Plaintiff 1: 7,000,000 won

C) Plaintiff 2: 5,000,000 won

(e) Calculation of inheritance relations, etc.;

1) Inheritance relations

The deceased’s right to claim damages (74,748,183 + 54,748,183 + 20,000,000 won + 44,848,909 won (i.e., 74,748,183 won x 3/5) of the deceased’s wife; (ii) the Plaintiff 29,89,273 won (i.e., 74,748,183 won x 2/5) of the deceased’s wife; and (iii) the Plaintiff 29,89,273 won, who is the deceased’s offspring

(ii)Calculation;

A) Plaintiff 1: 44,848,909 won (Inheritance) + 900,000 won (Funeral expenses) + 7,000,000 won (Consolation expenses)

= 52,748,909

However, in the case of Plaintiff 1, as seen below, the amount of KRW 3,390,849, which the successor ordered the Defendant to pay out of the damages acquired by subrogation by the succeeding intervenor, shall be deducted. Accordingly, the final amount is KRW 49,358,060 (=52,748,909 - KRW 3,390,849)

B) Plaintiff 2: 29,89,273 won (Succession) + 5,00,000 won (Consolation Data) = 34,89,273 won

F. Sub-committee

Therefore, the defendant is obligated to claim against the plaintiff 1 about the amount of KRW 49,358,060, KRW 34,899,273, and each of the above amounts to the plaintiff 2 from August 5, 2008, which is the date of the tort in this case, that the defendant raised a dispute as to the existence and scope of the obligation to pay damages for delay calculated at the rate of 5% per annum under the Civil Act until March 22, 2012, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

5. Judgment on the claims of the succeeding intervenor

Article 114 (1) of the National Pension Act provides that "When a disability pension or survivor pension is paid because grounds for payment of the disability pension or survivor pension have arisen due to an act committed by a third person, the Service shall subrogate the relevant beneficiary to the third person with respect to his/her right to claim damages against the third person within the scope

The facts that the succeeding intervenor paid the survivor pension of KRW 11,302,830 in total from January 13, 2012 to the time following the date of closing argument in the trial of this case on February 2009 are apparent in the calculation that the amount of the claim for damages against the defendant of the plaintiff 1 is in excess of the amount of the above survivor pension. As seen above, the defendant has an obligation to pay 3,390,849 won according to the ratio of liability to the succeeding intervenor who acquired part of the plaintiff 1's claim for damages (= KRW 11,302,830 x 30%) and after each payment date to the succeeding intervenor as of January 10, 2012, the following day after the delivery of the request for change of claim and the request for change of cause of the claim, which the succeeding intervenor sought, by the next day of the judgment on January 13, 2012 to March 25, 2012.

6. Conclusion

Therefore, the claim of this case by the plaintiffs and the successor intervenor shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as without merit. Since the judgment of the court of first instance is partially unfair, the appeal by the plaintiffs and the successor intervenor shall be partially accepted, and the part against the plaintiffs and the successor intervenor, which corresponds to the money ordered to pay, among the judgment of the court of first instance, shall be revoked, and the payment of the above money shall be ordered to the defendant. The remaining appeal by the plaintiffs and the successor intervenor and the remaining claims expanded in the court of first instance shall be dismissed

Judges Choi Full-ju (Presiding Judge)

1) Malaser injection

Note 2) If necessary or occasionally

3) The distance between Qm and Tmphin in the depth of the heart is increasing. The distance shows the time that the chief of the heart takes part in the process of overcoming the sloping-redivation. The chief of the heart shows the time that the heart takes part in the process of overcoming the sloping-redivating. After a sclibing, the chief of the heart has a time to redivate the heart naturally back, and the heart has a time to redivate the heart. In the case of some people, this time is longer than ordinary people, and the “ QT extension” refers to the extension of the heart. This means that this is the extension of the heart of the heart in particular Torsades de Points and the heart scopic scopic scams.

4) The blood pressure may be aggravated by blocking alphpha-receptors at the beginning at the end by causing low blood pressure and by blocking alpha-receptors administered for sick purposes by blocking beta-receptors.