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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is operating the B Hospital in Daejeon (hereinafter “instant hospital”).
(b) At around 15:30 on September 25, 2013, D, an employee of the Dispute Resolution Co., Ltd., has lost weight-centered and fall in the instant hospital while moving the pipeline materials into a sprink with a height of about 5.7m high from the sponse rice processing plant at around 15:30 on September 25, 2013.
9. On 30 occasions, after undergoing an operation, such as the removal of a warning signboard prior to the drilling, the person was discharged on January 20, 2014, and was re-hospitalized on February 3, 2014. On July 29, 2014, the person was killed on the ground of “patch liver infection and acute re-mativity” on the ground of hepatitis B on August 5, 2014, when the person was under continuous medical treatment by a public prosecutor for training of hepatitis B.
(hereinafter referred to as “the deceased”). (c)
The Plaintiff and his bereaved family members paid temporary layoff benefits, medical care benefits, bereaved family benefits, and funeral expenses due to occupational accidents.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 1-2, Eul evidence 1-1 to 1-4, the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was that the Deceased was infected with acute B infection in the instant hospital, several times, and on April 26, 2014, “the voice” as the result of the examination of hepatitis B, which was determined as “training” on July 28, 2014, which was after blood transfusion on May 13, 2014. Since there was no problem with blood that the Deceased was infected with blood, the Defendant’s side did not properly perform infection control during the blood transfusion process against the Deceased, such as managing the Deceased, who was a patient with severe symptoms, in a general hospital, and thus, it cannot be deemed that the Deceased died from being infected with acute B infection. Accordingly, the Plaintiff sought reimbursement from the Defendant for reimbursement of KRW 5 million as funeral expenses.
B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant was negligent in failing to properly perform the infection control duties in blood transfusion to the deceased, and that is otherwise recognized.