The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, including B, performed the duty of direction and supervision by notifying the scope of duties to the assistant nurse or nurse, including “the patient for whom one day has passed after the operation,” such as disinfection, removal of the patient with 7 days passed after the operation.”

It is reasonable that B was removed from the breabbed in accordance with the above manual because the assistant nurse could perform a medical act under the direction of the doctor. Meanwhile, if B rewing the breabedbed in accordance with the above manual, it was not possible for the Defendant to expect at all as a re-flobing operation beyond the scope of instruction according to the above manual.

Although the Defendant did not neglect due care and supervision over B, the judgment of the court below which convicted the Defendant by applying joint penal provisions is erroneous in misunderstanding of facts.

2. In a case where a physician allows a nurse to participate in the medical practice, the medical practice is performed under the doctor’s responsibility, and the nurse is only an assistant.

Where a nurse performs "medical assistance", one of the acts does not always require a doctor to participate in the site and instruct and supervise the nurse at all times, and as a result, there are sufficient cases where a physician provides general guidance and supervision without having to participate in the site of assisting medical treatment. However, this means that a physician is able to instruct or delegate part of a nurse to assist the nurse, taking into account the nature, risk, etc. of the medical act while performing the medical act under his/her lead.

On the contrary, Article 27(1) of the Medical Service Act prohibits a physician from providing a nurse with an individual instruction or delegation of medical practice, if the nurse-led and determined whether to conduct an overall medical practice, and the physician did not instruct or interfere with the process of medical practice by the nurse.