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(영문) 광주지방법원 2015.07.23 2014고단3623
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant, as a doctor, is a person who is engaged in medical and health affairs while operating a sexual surgery hospital in Gwangju North Korea-gu.

On January 19, 2012, at around 10:00, the Defendant performed a local transplant surgery for the victim E (inn, 53 years of age) in the “D” on January 19, 2012, and then transplanted the left areas of the victim’s buckbucks or clothes to the relics.

The possibility of local transplantation is constantly reported to be formed to various extent due to the merger of surgery in the domestic and foreign literature, and the discussion on patient safety has been continued, so the defendant engaged in the treatment duty has a duty of care to fully explain to the patient the possible side effects of the above operation, to protect the patient's right to self-determination, to the maximum extent possible, to observe proper progress to support the normal growth, the normal recovery of the transplanted local funeral line, and to take appropriate treatment measures when necessary.

In addition, if a salt certificate occurred after the operation, the defendant was found to have a duty of care to take appropriate measures, such as farming cultivation, etc., by discovering it as soon as possible through a gene shooting and precise diagnosis using visual equipment, such as ultra-wave test, CT and MRI, with sufficient mind about the possibility of the occurrence of the farm.

Nevertheless, the Defendant neglected this and did not sufficiently explain the side effects caused by the surgery to the victim before the surgery, and did not observe the appropriate progress after the surgery, and even though the victim complained that there was a boomed to remove the boom at the time of the expiration of about three weeks after the surgery, the Defendant removed only the boomed rice without appropriate measures such as the prosecutor, etc.

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