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(영문) 부산고등법원 2015.03.27 2014누21028
업무정지처분취소
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. Basic facts

A. From November 6, 2003, the Plaintiff is a medical specialist in the external area, who establishes and operates a D Hospital (hereinafter “instant hospital”) in Busan, Seo-gu, Busan, and the network E (hereinafter “the deceased”) from March 8, 2012 to the same year.

3. up to 15. A patient was hospitalized at the instant hospital. The Intervenor joining the Defendant (hereinafter “the Intervenor”) was the deceased’s son, F was a medical specialist at the time when the deceased was hospitalized at the instant hospital, and G was a nursing assistant at each of the instant hospital as an assistant nurse.

B. On March 8, 2012, the Deceased was hospitalized in the emergency room of the instant hospital due to the right bombing, etc., the Plaintiff and F, as a result of joint diagnosis and treatment of the Deceased, were able to perform surgery and necessary to do so. On March 9, 2012, the Deceased performed human mission bombization.

C. On March 15, 2012, the Deceased complained of the clothes to H, a nursing worker, on March 15, 2012, while the Deceased was unable to properly her on board the ship after the operation, and H demanded G to “the deceased would have taken measures to get off the ship.”

G confirmed that the “F” in charge of internal work of the Deceased had yet to work, explained F the condition of the Deceased by leaving the phone, and explained F’s condition to the Deceased, and under F’s direction, he administered 50cc of the glycerine 50cc in charge of the Deceased on one occasion (hereinafter “the instant medical treatment”).

E. On March 15, 2012, around 20 hours after the instant medical treatment, the Deceased discussed a skin on March 15, 2012, and the F, which diagnosed the Deceased as a acute damage. The Deceased was discharged from the instant hospital on the same day, and was hospitalized at the Indones Busan Hospital on the same day. However, on April 12, 2012, the Deceased died due to 17:26 Rawon, waste collection, and waste tuberculosis, etc.

F. The Intervenor filed a complaint against the Plaintiff, F, and G as a violation of the Medical Service Act on the charge that G administered at will without the direction of the doctor, but the Prosecutor received the direction of F by telephone on May 30, 2013.

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