2014Da54748 Compensation (Definition)

A person shall be appointed.

Korea

Seoul High Court Decision 2013Na21330 Decided July 10, 2014

March 10, 2016

The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the lower judgment, the lower court determined that: (a) from around July 3, 2010 to July 4, 2010, the following circumstances recognized as a comprehensive consideration of the adopted evidence, namely, ① the general red blux patient, such as the deceased B (hereinafter referred to as “the deceased”), should observe with due care and care belonging to the high-risk group of tuberculosis outbreak; (b) the symptoms of the deceased’s left kne-free kne-out infection occurred due to tuberculosis infection; and (c) the medical officers in Seoul detention center, who conducted the physical examination of the deceased on July 3, 2010 or on July 4, 2010, determined that it was necessary for the deceased to check the deceased’s kne-free disease or kne-free disease, and that there was no need to check whether the deceased’s kne-free tuberculosis was discharged by a medical institution without due care and to check whether the deceased’s kne-free disease had been discharged by the deceased’s official care center or not.

2. However, it is difficult to accept the above determination by the court below for the following reasons.

The reasoning of the lower judgment and the record reveal the following. ① The medical record of the GIIIC was recorded from the beginning of July 2010 to the GIIC Hospital, but there was no record about the respiratory symptoms, such as catum, in the medical record of the GIIIC and the Seoul detention center. While there were approximately two weeks ago symptoms, the deceased did not appeal this symptoms to the KIIC or the KIIIC, it appears that there was no other record that there was only 7 GIIC’s symptoms of narrow rice, e.g., e., e., e., e., e., e., knee-free tuberculosis, and knee-free tuberculosis, and that there was no need for an examination of the deceased. However, the GIIIC was no more likely to have been conducted by the KIIIIIC, and that there was no need for an examination of the deceased, e.g., e., knee-pathum-free tuberculosis.

Along with the fact that the doctor in charge of the Sung-gu Hospital at the time seems to have failed to anticipate tuberculosis; 5 Under the Tuberculosis Guidelines (Revised Report) published by the Korean National Tuberculosis and Repulmonary Medical Association, the subject of clearly recommending the suspicion and examination of tuberculosis shall be limited to the case where there are respiratory symptoms, such as the 2 to 3 weeks or more without clear cause, and the patient, the user or the user of the stroke for a long time, such as the deceased, is classified into the category of the danger group of tuberculosis, etc., and it is difficult to view that the examination of the slave tuberculosis infection (lattuosssis inf) is enforced. In light of the above, it is difficult to view that the court below’s circumstance alone alone alone alone makes it difficult to deem that the Seoul National Tuberculosis Office-General had a duty of care to exercise due care to suspect whether the deceased’s tuberculosis infection was infected and to conduct a chest X-ray examination, etc.

Nevertheless, the lower court recognized that the Seoul detention center’s medical officer violated the duty of care for the reasons indicated in its holding, which erred by misapprehending the legal doctrine on the duty to treat the inmate in the detention center, thereby making a judgment.

3. Therefore, the part of the judgment below against the defendant is reversed, and that part of the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee In-bok

Justices Kim Gin-young

Chief Justice Lee Ki-taik