2011 Gohap 13192 Compensation (Definition)

1. Kim Jong-tae

2. Kim Jong-tae,

3. Kim Yellow

[Judgment of the court below]

Attorney Kim Sung-soo

○○ Private Teaching Institutes

Attorney Jeon Byung-nam, Counsel for the plaintiff-appellant

May 18, 2012

June 13, 2012

1. The defendant 6, 326, 031 won and 031 won and 6,326, 031 won and 031 won, respectively, to the plaintiff Kim Jong-type

For each of the above payments, 5% per annum from March 25, 2009 to June 13, 2012, from the following day:

C. By the day of full payment, 20% interest per annum shall be paid.

2. Each of the plaintiffs' remaining claims is dismissed.

3. Of the litigation costs, 80% is borne by the Plaintiffs, and the remainder by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant 42, 90, 172 won and 172 won, respectively, to the plaintiff Kim Jong-type, 72, 774, 645 won, the plaintiff Kim Jong-ro, and Kim Jong-ju; and

From March 13, 2009 to the service date of a copy of the complaint of this case with respect to each of the above amounts, 5% per annum, and the following:

D. It shall pay 20% interest per annum from the day of full payment to the day of full payment.

1. Basic facts

A. Status of the party

피고는 ※※※시 * * 동에 있는 ○○○대학교 * * * * * 병원 ( 이하 ' 피고 병원 ' 이라 한다 ) 을

is an educational foundation that operates.

Plaintiff Kim Jong-sung was diagnosed as a malicious black type after receiving three diversatives at the Defendant Hospital;

After receiving treatment from Samsung Seoul Hospital, the husband of the deceased △△△△△△ (hereinafter referred to as the “the deceased”).

The deceased's children are the plaintiff Kim Geung and Geung Kim Geung.

(b) Medical treatment conducted at the Defendant Hospital;

1) The Defendant at his address on September 3, 2007, the size of the deceased’s surface on September 3, 2007.

A cell that is not Melela as a result of the organizational examination of the upper part of the cut-off restriction performed a "cognization" in the hospital.

Mobrocytic nevus was diagnosed (hereinafter referred to as "first operation").

2) On March 21, 2008, the Deceased re-explosives on the same part as the part of the first operation, and during the same month.

24. The result of the organizational inspection conducted by the Defendant Hospital on the part of the Section 1)

It was diagnosed as a class of non-cell cells (hereinafter referred to as "second operation").

3) The medical personnel of the Defendant Hospital shall be on March 4, 2009 on the same part as the part of the first and second surgery performed by the Deceased.

The head of the defendant hospital is a malicious black fluora inception because the head of the mathy pattern accompanied by the blood fluor is refluort.

organizational examination (punchological examination) has been conducted, and as a result of organizational examination, results of organizational examination results in elelary cells extractions.

Upon the diagnosis, the full-scale 16th of the same month was carried out (hereinafter referred to as "third operation").

(3).

on March 17, 2009, the medical personnel of the Defendant Hospital was performing the organizational inspection of the feste part of the Defendant Hospital due to the foregoing surgery.

The size of the species is 2.0 x 0.5 cm, the thickness of the species in accordance with the breish standards is 5 m, the clark is m.

In accordance with the law of Chapter 1, the level of aggression was five stages, and there was a satellite disease (s Ratel No. 500,000,000,000,000,000,000

There was no aggression of the part of the fraternity (hereinafter referred to as "the organizational inspection of this case").

4) Medical personnel of the Defendant Hospital shall be the medical personnel of the Defendant Hospital on March 17, 2009, 18. and 23. Each deceased shall be the medical personnel of the Defendant Hospital on March 17, 2009.

Doese strip2 after removing and disinfecting the rooms of the operating department on the 30th of the same month.

was. However, the medical personnel of the Defendant Hospital reported on March 25, 2009 was the organizational inspection of the instant case.

As a result, the deceased did not notify the deceased of the results of the examination.

5) The medical personnel of the Defendant Hospital are the same as the part of the first or third operation performed by the Deceased on September 24, 2009.

After the recurrence of these parts on the part, it is judged by the Mavus's certificate, and the electric urgical and the cultivation of cultivation species;

ex skin lives, however, the Deceased before the operation.

The operation was postponed due to the risk of blood transfusion after confirming that the skin is taking away.

Medical professionals and the Deceased of the Defendant Hospital shall, after the extension of the operation on the same day, conduct the organizational inspection of this case in the course of consultation.

As a result, it became known that the deceased was diagnosed as a malicious black black species.

C. The Deceased’s diagnosis on September 28, 2009 that re-exploited on the part of the third operation. The Deceased’s diagnosis on September 28, 2009

The medical personnel of Samsung Seoul Hospital came to the Seoul Hospital. The medical personnel of Samsung Seoul Hospital was held on October 5, 2009 and the pelvis CT autopsy conducted on October 5, 2009.

As a result, there is a possibility that the flap has been transferred because the flap has been expanded on the left side of the deceased.

The deceased is diagnosed with high level, and around October 14, 2009, the wide range of diversatives, diversatives and hiversarys to the deceased.

He conducted cambling(ide regres & flap + ringuinal LND).

As a result of the organizational examination conducted after the above operation, the size of the deceased's species 1.5 x 1.5 cm, and the thickness of the species 1.2 m/ 2 m

The nine out of the 19 cut-off 19 pieces was found. The medical treatment of Samsung Seoul Hospital was found.

Jin provided the Deceased with medical treatment, such as administering inter-surron ( inter-surron) under assistive Acts after the operation.

However, the paper transferred to the deceased's death and between the deceased's death and the deceased's death on December 27, 2010.

(d) relevant medical knowledge - malicious black species

1) Mute black is a malicious felinary felinary cells, which is part of Melin cells.

Commission shall be distinguished from the table of cells Melin, which is a species of training. Non-distinct, non-permanent boundary, and diverse coloring;

0. If the diameter is not less than 0.6 cm, it is a standard for examination to suspect malicious black species at the gale of pathine;

If the shape, size, or color of the color conference already in existence has changed or a pain has occurred, the blood, trajection;

If a satellite disease has occurred, the amount of malicious species may be suspected.

2) If normally proved to be a malicious black species, the head of the species for the determination of weapons thereafter;

Videos, including changes, shall be conducted by MI and CT or PET CT Inspections, and whether they are transferred or not.

the final weapons shall be determined.

3) The United States Joint Cancer Commission (AJCC) distinction between malicious black species in accordance with TNM Classification Act.

(1) In the case of the State's niversous weapons (2) the degree of intrusion of the skin and the skin and the traps, together with the traps.

Division, the degree of the division of a cell is the most important factor after the separation, and in the case of chine weapons (3 and 4)

It is an important example whether to transfer to another institution or not.

4) Standards for Brelow and Clark

The criteria for the vegres are about the thickness of the species themselves, and the criteria for the Clark are about the malicious black species.

Whether the depth extends to any floor, i.e., with respect to skin bedle, the thickness and skin bed;

The standards for dividing leaps into black species, and the decision of treatment methods and the decision of treatment methods.

It is the most important person.

Clark was classified into five stages in accordance with the depth of flare species, and one step in one step.

Where a pro-cell is limited to ephmis (ephmis), a pro-cell fat fat fat fat fat fat

(pathimary Justice) In the event of a crime, the three steps are: (a) Roils and reticular; (b) 1.3.

In the event of a violation of the boundaries of Momis, 4 steps 5 steps, in the case of a violation of net dust, 5 steps

The stage is the case where sub-housing (water) is invaded by a house.

Standards for Breslows for up to two cresslows, among the weapons of malicious black species determined by the AJCC, which do not have a national origin.

Pursuant to the thickness of a pro-cell under the section, it is divided into within one meter, one to two meters, two to four meters, and four meters, depending on the thickness of the pro-cell;

5) In order to treat malicious black species, broad range of dypology is the most standard treatment; and

The number of national defenses in the three dimensionals where the spawal is transitioned, the spawal of the complete crup of the associated parts, and the spawal of the 4th period.

There are treatment methods, such as tactical climatics, antichemicalscopics, immunodeficiencyscopics, and biochemicalscopics, and 2B.

2. The thickness of 2.01 to 4m and the traves with T3bNMO and the traves with the thickness of 4m or more;

Unless this T4aNMO) and 3C period can be seen as medical treatment for the prevention of recurrence.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (which has a number)

Each entry in the records, each request for appraisal of each medical record for the head of the Sungpoe University of Korea-U.S.

As a result, the purport of the whole pleadings.

2. The argument and judgment of the parties

A. Grounds for liability

1) The parties’ assertion

The Plaintiffs are reported on March 25, 2009 by the medical personnel of the Defendant Hospital on the result of the instant tissue inspection.

In spite of the fact that the deceased was aware of a bad black species, the result of the examination is confirmed.

the deceased's early because he did not notify the deceased or provide treatment for a malicious black species.

It argues that there is an excessive negligence in providing opportunities for navigation cancer treatment.

As to this, the defendant's medical personnel of the defendant hospital was reported on March 25, 2009 by the medical personnel of the defendant hospital of this case.

It was true that the deceased was not notified of the result of the deceased's failure to verify the result, but the deceased's malicious black color.

Since the treatment act was the two weapons around March 25, 2009, the treatment act was the broad-breath method, and the defendant hospital was the defendant hospital.

Medical personnel has conducted a broad-distance saving operation with 3§¯ of cut-out smoke at the time of the third operation, and thus the Deceased.

It argues that it cannot be seen that the treatment opportunity has been lost.

2) Determination

A) Whether the medical personnel of the Defendant Hospital conducted a broad-distance saving practice at the time of the third operation

First of all, whether the medical personnel of the Defendant Hospital performed an extensive diversative surgery to the Deceased at the time of the third operation.

We examine whether Gap evidence No. 3 was written and the results of the above medical record appraisal commission were reviewed.

Recognizing the fact that if the thickness of malicious black species is five meters or more, it is necessary to secure at least 2 to 3§¯ of the smoke.

As such, the evidence and the purport of the whole pleadings mentioned above are considered as a whole.

the following circumstances, i.e., the size of the cut-off pattern at the time of the third operation, 2.0 x 0.5 cm wide-distance.

In the event that 2 to 3cms have been maintained by securing a smoke of 2 to 3cm for alcoholic beverage, the sick part of the deceased’s sick part is finite.

In light of the fact that the local floor is a side of the left side of a large portion of the local floor, measures such as transplant of skin were necessary.

B. However, the medical personnel of the Defendant Hospital appears to have been in a room to the end of the Section B;

According to the results of the above request for appraisal of medical records, the "total cryption" of the third operation is completely removed from the sick side.

The medical professionals of the Defendant Hospital appear to mean the basic dyeculing, and the deceased’s chyeculic syecule

was written as "wholly cut off in a progress record even at the time of the second operation without the diagnosis."

and, even at the time of the third operation, the organizational inspection conducted prior to the third operation, which was suspected of being a malicious black species.

(F) The following subdivisions diagnosed as Melel cell mothers as a result of punchron examination, are conducted, and the control boundary division:

The mere fact that there was no cancer cell is no above, the medical professionals of the defendant hospital are different from the basic dypology.

In full view of the fact that it is difficult to deem that the Defendant hospital has secured more than two to three§¯, the medical professionals in the Defendant hospital 3

In the next operation, it is possible to ensure that the deceased will be at least 2~3 cm in smoke from the wale to the deceased.

It is reasonable to see that a person conducts a basic clibing of that person.

B) Defendant’s negligence and causation

The result of the organizational inspection of this case reported on March 25, 2009 by the medical personnel of the defendant hospital, the medical personnel of the defendant hospital

on September 24, 2009, the deceased was not notified of his failure to verify, and the result of the above inspection was conducted on September 24, 2009.

In fact, the medical personnel of the defendant hospital is not a broad diversative, but a basic diversative, not a basic diversative, when the third operation is performed

The facts of Eul are as seen earlier, and each of the set forth in Gap evidence 4-2, 3, and Eul evidence 1-1, 2

Re-, taking into account the overall purport of the arguments as a result of the request for the appraisal of the above medical record:

Having conducted a broad-distance-free diversing method by the applicable law, the following auxiliary methods, which maintain the letter of employment;

The thickness of a vegetable vegetable vegetable standard at the time of the tissue inspection of this case

5m, in light of the fact that the level of leap under the Clar Classification Act is five stages, it is in accordance with the AJCC Classification Act.

The deceased presumed to be two MNM weapons (TNM weapons T4aNOO 3)

On October 5, 2009, at the time of diagnosis conducted by Samsung Seoul Hospital, the thickness of 1.2cm with 2cm with 2cm with 2cm with 3cm with the thickness of 3cm with 3cm with the thickness of 1.2cm with the Clark.

In accordance with the classification law, 5 steps and 9 steps out of 19 cut-off cut-offs were found to have been found.

In the event that the weapons are presumed to be three (TN3MO 4) and two MNM type 2 (TNM T 4aNM 4)

The survival rate of five-years is about 505) to 67.4%, while the five-year survival rate of three-years (TN3MO) is about 26.76) to 307) percent

such fact may be recognized.

According to the facts of the above recognition, the medical personnel of the defendant hospital satisfying to the third operation.

As a result of the organizational inspection of this case, it was read in black black, and it was confirmed by MRI and CT inspection.

(2) A person who establishes a weapon through a video inspection and who establishes a wide range of weapons and takes measures to prevent recurrences;

Despite the fact that there was a duty of care to provide medical treatment, such as terhetoral, the organization of this case

As the result of the examination does not confirm the deceased, an opportunity for the deceased to receive a more early treatment of cancer.

the deceased's negligence which caused the loss of the deceased, and such negligence caused the deceased's death of a malicious black species.

The medical accident of this case is referred to as the "medical accident of this case" (hereinafter referred to as the "medical accident of this case").

3) Sub-decisions

Thus, the defendant is the employer of the defendant hospital who caused the instant medical accident.

The deceased and their bereaved family members are liable for damages suffered by the Plaintiffs.

B. Limitation on liability

When the medical personnel of the Defendant Hospital conducts the organization examination (punchological examination) before the third operation, it is not Melelin.

In light of the fact that it was read by the cell mother part, and that there was no leaple on the part of the boundary of the third surgery.

The same shall be deemed to have been entirely removed from malicious black species at the time, or the same shall apply again to six months only, and the same shall apply again.

In light of the fact that the deceased’s malicious black species are basically biological characteristics in light of the fact that they were transferred to the fy;

The result of the tissue inspection in this case is presumed to have been high in bad sexuality, and the result of the tissue inspection in this case is immediately identified.

In addition, even if the period of treatment is limited, it is difficult to find out to what extent the period of treatment would be required.

It is difficult to understand that the deceased actually could engage in income activities for a certain period of time, and the instant case

As a result of the organizational inspection, five-year survival rate of the five-year black black type 2 at the time of the same time is approximately 50 to 67.4%, whereas 3

Considering that the survival rate of the five-year period is approximately approximately 26.7~30%, the damage is fair and reasonable.

It is reasonable to limit the defendant's liability for damages to 20%.

3. Scope of damages.

A. The deceased’s lost income

1) Details of assessment of recognized facts

○ Date of birth and gender: Neither on September 9, 1952 nor on September 9, 1952

○ Name of lease: 28. 27 years

○ Occupation, Income, and Operating Period: Urban Workers’ Labor until September 8, 2012 by the Deceased who turns 60 years of age.

It is reasonable to see that he had been able to earn income from the operation on the 22th day of each month as the Dong (the plaintiffs are 209.

9. For the period from January 1 to December 27, 2010, the first half of 2009, and the first half of 1 January 201, 201.

Claim on the basis of statistical income in each construction business wage status survey report in the second half of 2010.

However, there is a report on the actual condition survey of construction works issued by the Korea Construction Association and its contents.

The court shall apply the changed and publicly announced wage until the closing of argument, and shall take measures against such wage.

Special circumstances, such as that the amount of restriction exceeds the plaintiffs' claim amount and is contrary to the disposition rights principle.

Unless there are circumstances, it is reasonable to apply changed or published wages in light of the empirical rule.

○ Cost of living: 1/3 of income;

[Ground of recognition] Facts without dispute, significant facts in the court, the purport of the whole pleadings.

2) Calculation

The deceased’s lost income loss on the basis of the above facts of recognition and the contents of evaluation shall be as follows:

5/12% of the intermediate interest at the time of the instant medical accident in accordance with the method of simple interest deduction.

49, 455, 557 won calculated at the present price (less than won for the convenience of calculation and less than a month, hereinafter the same shall apply).

C. Also, the period from December 28, 2010 to December 31, 2010, on the day following the deceased’s death, is less than one month.

For the convenience of calculation in consideration of the fact that it is an urban daily wage in the first half of 2011.

- 3 - 3 - 2 1 6 - 3 5 - 2 - 3 9 - 1 - 3 5 - 2 - 3 9 - 2 8 - 1 - 3 9 - 4 5 - 2 - 9 7 - 3 8 - 1 - 9 7 - 3 5 - 4 5 - 9 7 - 3 9 6 - 1 6 - 3 9 7 - 1 9 7 - 3 9 4 - 9 7 5 - 3 1 9 6 - 9 7 1 8 - 3 9 9 7 5 - 2 9 9 1313 209 - 1 1 - 31 7 9 - 9 9 8 - 201 - 9 20

(b) Expenses for medical treatment;

The Plaintiffs, due to the instant accident, lose opportunities for the Deceased to treat malicious black species.

The deceased’s death from September 28, 2009 to December 27, 2010 plus KRW 15,340,078, which is the medical expenses from September 27, 201 to December 27, 201.

Since the defendant claimed that he/she has the obligation to compensate for it, the above medical treatment shall be taken into account.

According to the result of the record appraisal commission, the deceased started immediately after undergoing the tissue inspection of this case.

Even if the deceased were to receive treatment from September 28, 2009 to Samsung Seoul Hospital, the same content as the deceased received treatment.

In light of the fact that the deceased seems to have received treatment, the deceased's malicious black in Samsung Seoul Hospital

Medical expenses for treatment of color species shall be the person who has a proximate causal relation with the medical accident of this case.

Therefore, this part of the plaintiffs' assertion is without merit.

(c) Funeral expenses: Three thousand won, and one hundred won (the fact that there is no dispute over the funeral expenses).

(d) limitation on liability;

1) The deceased’s lost income: 49, 455, 557 won ¡¿ 20% = 9,891, 111 won

2) Funeral expenses: 3,00, 000 X 20% = 600,000 won

(e) Condolence money;

1) Reasons for consideration: The deceased’s age, the relationship between the deceased and the plaintiffs, and the circumstances and circumstances of the instant medical accident.

As a result, the defendant's fault degree, the defendant's assertion that the defendant violated the elective treatment contract;

Other circumstances shown in the argument of this case

(ii) the amount determined;

A) Deceased: 7,000,000 won

B) Plaintiff Kim Jong-sik: 3,000,000 won

C) Plaintiffs Kim Jong-si, Kim Jong-si, each of whom KRW 1,500,00

(f) Inheritance relationship;

1) Damage of the Deceased: 16, 891, and 111 won ( = lost income 9, 891, 111 + solatium 7,00,00 won)

(ii)the amount of inheritance;

A) Plaintiff Kim Jong-sung: 7, 239, 047 won ( = 16, 891, 111 x 3/7)

B) Plaintiff Kim Jong-ro, Kim Hwang-ju: 4, 826, 031 won ( = 16, 891, 111 x 2/7)

G. Sub-committee

Therefore, the Defendant: 10, 839, 047 won ( = Inheritance Amount 7, 239, 047 + Funeral expenses.

600,000 won + 3,000 won for consolation money, 6,326,031 won for 6,326,031 won for the plaintiff Kim Jong-ju, respectively ( = Inheritance amount)

4, 826, 031 + solatium 1, 500, 000) and each of the above money are medical malpractice days of this case.

3. The judgment of this case where it is reasonable to dispute the existence and scope of the defendant's duty of performance from 25. 9)

Until June 13, 2012, which is a date of adjudication, 5% per annum prescribed by the Civil Act, and 5% from the following day to the date of full payment.

Damages for delay calculated at the rate of 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

have an obligation.

4. Conclusion

Thus, the plaintiffs' claim of this case is justified within the scope of the above recognition and the remainder

The claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Chang-hoon

Judges Yellow Byung-ho

Judges Park Gyeong-ok

1) See subparagraph 1-3 of subparagraph B.

2) Tapes attached to prevent the operation from being punished.

3) However, the inspection was not conducted as to whether the afforestation and the other long-term transfer had been made at the time.

4) On October 5, 2009, with respect to the weapons of the deceased on the same day, the part of the species in the paper among the examination results of the above medical record, three in the part of the deceased and the part of the imposed on the deceased.

3B (TN3MO) or 4th (T4aN1Mla). The results of the TN3M inspection conducted around October 5, 2009 at Samsung Seoul Hospital - Alley-TT inspection

It is not found that there is no opinion suggesting the transition of the organs, etc. within the mouths, including the Bridges, and on November 26, 2009, there is only a efrancy dynasium even on the Gyeong-chuls.

It is reasonable to view it as 3C (TN3MO) in light of the fact that it is only written and it is difficult to find a statement about the remote transfer.

5) As a result of the entrustment of the above medical record appraisal, see in-land and part of the record.

6) As a result of the above medical record appraisal request, it was classified into 3B out of the MN3MO (TN3MO), but the AJCC classification of Gap evidence 3-2.

Warrant 3C (TN3MO) shall be deemed 3C if more than 4 ocs are discovered, and it shall be deemed 3C (TN3MO)'s survival rate for 5 years.

26. 7%.

7) As a result of the request for appraisal of the above medical record, see in-land and part of the record.

8) The plaintiffs stated in the complaint that they claim medical expenses from March 13, 2009, but in light of the statement in Gap evidence 5, the Samsung Seoul Hospital.

It seems to be a clerical error in September 28, 2009, which started treatment.

19) The plaintiffs claim for damages for delay from March 13, 2009, but the result of the organizational inspection of this case was reported on March 25, 2009. Thus, this company is the case around March 25, 2009.

It is reasonable to see that it was March 25, 2009, which was an illegal act due to a medical accident.