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(영문) 인천지방법원 2017.11.07 2016가합56980
손해배상(의)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship between the parties 1) the network E (hereinafter “the network”).

On May 8, 2014, the F police station entered and served as an auxiliary police officer belonging to the F police station, and the defendant is the Incheon G Hospital located in Seo-gu Incheon (hereinafter “instant hospital”).

2) The Plaintiff’s father, the mother of the Deceased, and the Plaintiff C are the son of the Deceased.

B. Around July 16, 2015, the instant hospital received a public notice from the F police station to the effect that “the instant hospital provides ambulances and emergency medical service personnel free of charge at an athletic competition event conducted from 09:00 a.m. to 18:00 a.m. on August 3, 2015.” (2) The instant hospital sent medical support to the Isports Park (hereinafter “instant sports park”) located in Seo-gu Incheon (hereinafter “instant ambulances”) in the place where the sports competition is held.

C. On August 3, 2015, the Deceased of an accident was sent to the instant hospital due to a defect in respiratory distress around 12:21 while he participated in the axis games implemented as a part of the summer Training, and experienced her body disorder and was traveling. However, at that time, the Deceased died.

hereinafter referred to as "the accident of this case"

(ii) [Ground of recognition] unsatisfy, Gap evidence Nos. 1, 2 and 5 (if any, the number may include several numbers), the witness J's testimony and the purport of the whole pleadings;

2. Whether liability for damages arises;

A. The gist of the plaintiffs' assertion 1) The defendant should confirm whether a professional medical personnel, such as an emergency medical technician, is on board when transferring patients like the deceased, and then transfer the deceased to the hospital of this case without having an emergency medical technician get aboard. Thus, the Emergency Medical Service Act (hereinafter "Emergency Medical Service Act") should be applied.

(2) The Defendant violated Article 11(2).

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