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(영문) 대구지방법원 2020.06.24 2019나325474
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined by the court of first instance and the evidence additionally adopted and examined by this court are justified.

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiffs added additional judgments as to the allegations, etc. emphasized by this court, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The main points of the appeal are as follows. The main points of the appeal are as follows.

Despite the duty of care to take the best measures required to prevent danger according to the patient's specific symptoms or circumstances when a prison medical officer conducts medical acts, such as medical examination and treatment for prison inmates, a medical officer in Ansando, etc., upon knowing that the liverer's health examination conducted by the deceased's children (hereinafter "the deceased"), he/she did not properly perform the duty to protect prison inmates, such as prescribing only an improvement of liver functions even though he/she knows that the liverer is abnormal high, and failing to take appropriate medical measures, such as blood examination and liverr test separately. Accordingly, the deceased provided an opportunity for early liver cancer to receive medical treatment, and caused death on April 9, 2018, the defendant is liable for compensation for damage suffered by the deceased and the plaintiffs due to the death of the deceased.

Judgment

The medical officer of a prison and the medical officer of a correctional institution are obligated to take the best measures required to prevent any danger depending on the patient's specific symptoms or circumstances in light of the nature of the duties to manage the life, body, and health of the prisoner when providing medical services, such as medical examination and treatment,

Supreme Court Decision 2004Da62121 Decided March 1, 2005

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