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(영문) 의정부지방법원 고양지원 2017.02.10 2014가합54854
손해배상(의)
Text

1. The defendant's 28,887,008 won, Plaintiff B, and E respectively, and 2,50,000 won, respectively, to Plaintiff C and D.

Reasons

1. Facts of recognition;

A. The Defendant, as a medical corporation, established and operated a H Hospital located in Gyeyang-gu Seoul Metropolitan City G (hereinafter “Defendant Hospital”).

Plaintiff

A is a patient who was hospitalized in the Defendant Hospital from October 21, 2013 to March 29, 2014, and was hospitalized in the Defendant Hospital. Plaintiff B is the father of Plaintiff A, Plaintiff B is the mother of Plaintiff A, Plaintiff C, and Plaintiff D are the brothers and sisters of Plaintiff A.

B. The plaintiff A diagnosed the first grade of intellectual disability at an elementary school, and from the first grade at a middle school, the behavior and the symptoms of the uncontrolled behavior led to intellectual disability have deepened.

Accordingly, although the plaintiff A transferred from a general middle school to a special school, he/she eventually renounced his/her study.

Plaintiff

A’s family members decided to have Plaintiff A hospitalized in the hospital to receive treatment, and had Plaintiff A live in the facilities located in Ansan-si from 2009 to 2011, and had the mental health clinic located in Ansan-si from 2011 to 2013 receive hospitalized treatment at the I Hospital from March 2013 to October 21, 2013.

Plaintiff

The family members of A knew that the Defendant hospital was established and operated by a hospital as a mental medical institution under the Mental Health Act with the control of outside persons’ access, and that the hospital established and operated a hospital with the responsibility of medical personnel belonging to the Defendant hospital to observe, protect, and supervise patients (hereinafter referred to as “closed ward”). On October 21, 2013, Plaintiff A was hospitalized in the Defendant hospital and received medical treatment.

다. 원고 A은 피고 병원의 폐쇄병동에서 입원치료를 받던 중인 2014. 3. 11. 17:00경 음식을 입에 머금고 잘 삼키지 못하는 증상을 보였고, 2014. 3. 22. 19:00경에는 입안에 밥이 들어가면 국물을 빨아먹듯 쭉쭉 빠는 모습을 보이자, 피고 병원 소속 의료진은 원고 A의 식사 형태를 일반식에서 다진식으로 변경하였다.

However, around 12:30 on March 23, 2014, the next day, the plaintiff A used multi-level meals.

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