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(영문) 대법원 2018.06.28 2017다204681
손해배상(의)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the medical personnel at Defendant Hospital caused a certificate of pulmonary dyeculsis by negligence, such as giving the deceased, who appears in a different aspect from before December 27, 2012, by failing to comply with the guidelines for isolation and coercion of the Ministry of Health and Welfare, and by failing to comply with the duty to explain, and that the remaining deceased or the deceased’s guardian infringed on the right to decide whether to receive a dyeculsis.

Examining the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding medical malpractice or duty to explain, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence

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 on the bench.

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