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(영문) 대법원 2014.02.13 2011도5602
업무상과실치사
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

In order to recognize the negligence of a medical worker in a medical accident, it is necessary to recognize the negligence that a medical worker could have predicted or avoided the occurrence of the result.

In determining the existence of such negligence, the degree of common attention that is engaged in the same duties and duties must be the standard, and the level of general medicine at the time of the accident, the environment and conditions of medical practice, and the specificity of medical practice should be taken into account.

(2) In light of the above legal principles, the court below’s judgment of the first instance that acquitted the Defendants on the ground that there was no proof of the crime in relation to the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts against logical and empirical rules or by misapprehending the legal principles on occupational negligence, etc.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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