2011Da80722 Compensation (Definition)

A person shall be appointed.

B Educational Foundation

Seoul High Court Decision 2010Na125590 Decided August 23, 2011

June 13, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

The court below rejected the Plaintiff’s claim based on the reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, that the medical personnel of the Defendant hospital could not be deemed to have been negligent or to have violated the duty to explain due to the diagnosis duty

In light of the records, the above judgment of the court below is just and acceptable, and there is no violation of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on medical negligence.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yang Chang-soo

Justices Park Byung-hee

Justices Ko Young-han

Justices Kim Jae-tae