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(영문) 춘천지방법원 속초지원 2018.12.12 2016고단390
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who works with C’s father and son in the early stage B.

At around 12:00, the defendant gave birth to the victim F (D birth) through the king operation from the mother E at the above C's father and the childbirth room.

The defendant had a duty of care to take appropriate measures, such as ensuring that the defendant, who is the head of the house, had a baby born through the king operation when he was in the state of the above victim's child, and that he was unable to get out of and get out of the front side of the victim's left side, because he was in the situation when he was in the state of the above victim's child, and that he was in the course of the operation, he had a duty of care to take appropriate measures, such as ensuring that the defendant, who is the head of the house, has a duty of care to take appropriate measures to safely prevent damage to the bridge of the fetus (victim) in the event that he was in the situation of the above victim's child, and that he was unable to get out of and get out of the front side of the victim's body.

Nevertheless, the Defendant was negligent in the course of business that attempted to deduct the victim's right bridge from the victim's right bridge on a narrow side in a situation where it is not properly secured, and eventually, the Defendant suffered the victim's injury to the right frame that requires treatment for about three months.

2. Determination

A. In order to recognize a doctor’s negligence in a medical malpractice case, a doctor’s negligence should be examined if he/she could have predicted the occurrence of the outcome and could have avoided the occurrence of the result, but failed to avoid it. In determining the existence of negligence, the degree of common person’s attention engaged in the same work and duties should be based on the standard, and the degree of general medical science at the time of the accident, medical environment and conditions, characteristics of medical practice, etc. should be considered (see, e.g., Supreme Court Decision 2010Do104, Apr. 14, 201).

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