The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. The court below acknowledged that the private person of the deceased was negligent in the examination and treatment of the deceased and the determination of whether the deceased was transferred to a superior hospital, based on the records No. 5 (the autopsy report) and the results of the fact-finding on the Director of the Daejeon National Research and Investigation Institute of Science and Investigation on the deceased, and determined that there was a proximate causal relation between the deceased's death and the medical negligence on the ground that, in the absence of such negligence by the defendant, the deceased could have avoided the result of the death by being transferred to the hostile superior hospital, and by being taken care of the broad antibiotics, such as external surgery, and surgery.

Furthermore, according to the blood examination conducted on the day before the deceased’s death, the deceased’s leuk-gu size was within a normal range, and the deceased voluntarily galked and smoked out of the hospital immediately before the death and returned to the sick room again, so the deceased was not deceased due to the leuk-gu infection, but due to the leuk-gu’s heart disease caused by the lemoth’s heart disease. Therefore, even if the defendant and the defendant’s medical team were negligent in medical care.

As to the Defendant’s assertion that the proximate causal relation cannot be acknowledged between the deceased’s death, the lower court’s fact-finding on the Head of the Daejeon Science Investigation Research Institute on the basis of the results of the fact-finding on the Head of the Daejeon Science Investigation Research Institute, and on the result of partial entrustment of the examination on medical records on the Head of the Korean Medical Association on the Head of the Medical Records. In other words, it is difficult to readily conclude that the deceased died due to cardio-cerebral tyrosis or fibers, etc. accompanied by cardio-cerebral typhical color on the part of the Head of the Korean Medical Investigation Research Institute on the deceased, and thus, it is difficult to readily conclude that the deceased died due to cardio-cerebral typhical typhism, etc. on the part of the deceased. On the contrary, it is evident that the