2013 Doz.11229 Damage, Claim

1. Oil 00;

2. The competent △△ branch;

[Defendant-Appellant]

Korean Racing Association

Representative

Attorney Park Jae-hoon

July 1, 2014

August 14, 2014

1. The plaintiffs' claims are dismissed.

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

The defendant shall pay to the plaintiffs 52,830,032 won with interest rate of 20% per annum from the day following the day of service of a copy of the complaint of this case to the day of complete payment.

1. Basic facts

A. The Plaintiffs are children of Mari-gu (hereinafter referred to as “Mari-gu”). B. around 20 XX, X. 12:27, the Deceased Dori-gu (hereinafter referred to as “Mari-si”). At around 175, the Defendant’s Daegu-gu branch office, located in 175-ro 6, was seated in a guest screen, with a view to watching the horse games that were relayd through screen.

(c) Measures taken by the CCTV (No. 4-1 through 6 of the evidence No. 4) and the transcript (No. 1-3 of the evidence No. 1-2) installed in the guest room in Daegu Branch under Defendant-affiliated, following the lapse of time from November 2, 2013 to November 12:25:00 to 12:49:07, the deceased’s status, the measures taken by the employees of the neighboring persons of the deceased and the employees of the Daegu Branch under Defendant-affiliated;

the following shall be applicable:

A person shall be appointed.

A person shall be appointed.

D. At around 12:50 on the same day, the Deceased started the Daegu branch office under the Defendant’s jurisdiction and was transferred to the △△ Hospital on the same day, but around 13:05 on the same day, the Deceased died from the Hemical heart disease around 13:30 on the same day.

(e) Hemical heart diseases refer to diseases caused by lack of smooth blood supply on the heart floor of the heart due to the most shaking of the resistant death of the heart and resulting in failure to supply oxygen and nutritions.

[Reasons for Recognition] A without dispute, Gap evidence 1-1, 2, 3, 2, 3, and 1-1, 2, 3, and 2-1, 3-2, 3-1, and 2-2 of the evidence Nos. 1-1, 4-1 through 7 of the evidence Nos. 4-7, the inquiry results on the Daegu Metropolitan City Mayor of this Court, and the purport of the whole pleadings.

2. The plaintiffs' assertion

The deceased died due to the following negligence by the Defendant. Accordingly, the Defendant is a tortfeasor.

As a result, the deceased and his children are obliged to compensate for property or mental damage suffered by the plaintiffs due to the death of the deceased.

1) Death, in the case of a dead’s herthic heart disease, a private person, where only first aid is provided at the early stage.

is a disease that can prevent it.

2) According to the relevant provisions, such as the Emergency Medical Service Act amended around December 2007, a public institution is obligated to be equipped with emergency equipment for cardiopulmonary resuscitation, and examining the 'Automatic external shock machine (Automatic external shock machine) management plan submitted by the Ministry of Health and Welfare in 2013, the automatic external shock machine management plan should be managed for 24 hours at all times, and the person in charge of management should undergo re-education every two years, and check at least once a month, whether he/she can be used at all times.

3) The employees of the Daegu branch office under the Defendant-based branch office did not use a heart funeral motive for the Deceased for more than ten hours until the 119 emergency squad arrive, and did not properly conduct basic cardiopulmonary resuscitation, thereby causing the Deceased to be unable to receive appropriate emergency measures, and thus, deceased’s death.

The results were caused.

3. Determination

The records of evidence Nos. 3, 4, and 5 are insufficient to acknowledge that the employees of the Daegu Branch Office under the defendant did not take appropriate emergency measures against the deceased, and there is no other evidence to acknowledge this otherwise.

Rather, in light of the following facts or circumstances, it is reasonable to view that employees of the Daegu branch office of the defendant as employees of the defendant as taking appropriate emergency measures against the deceased, in light of the following facts and circumstances acknowledged by comprehensively taking account of the above facts-finding, Eul evidence Nos. 1, 2, 3, and 2, Eul evidence Nos. 4-1 through 7, Eul evidence No. 4-1 to 7, and the fact-finding results against the Daegu Metropolitan City Mayor

① A cardiopulmonary resuscitation is a first aid that takes place when the cardiopulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary ect. In other words, pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmon

In light of the deceased’s status, the employees of the Daegu branch office under the Defendant-gu, who are not emergency medical personnel, or those around the Defendant-gu branch office, as well as those around the deceased, could not be determined as having caused the heart paralysis to the deceased immediately after the deceased’s abnormal symptoms. Accordingly, a person who was in the first color, who was in the surrounding condition of the deceased, started to put the decedent and shoulder of the deceased, and the employees of the Daegu branch office under the Defendant-gu branch office seem to have suffered the deceased’s loss before the death of the deceased.

② The employees of the Daegu Branch under the Defendant, immediately after checking the condition of the Deceased, contacted the Kim 00, an employee who received emergency medical education, and Kim 00 observed the condition of the Deceased at around 12:32:14. At the time, the Deceased was not in a state of respiratory suspension, and was in a state of beering.

③ At around 12:32:47 on the same day, KimO reported to the Daegu Fire Safety Headquarters 119 Situation Room in order to verify emergency measures to be taken immediately upon observation of the deceased’s condition. At around 12:33:24 on the same day, the reported phone was transferred to the 119 Emergency Situation Control Center, and then 12:33:27 on the same day, he/she shall explain the deceased’s condition to a relief specialist, and shall take cardiopulmonary resuscitation from a relief expert. From around 12:36:25 on the same day, from around 12:36:25 to 12:41:01 on the deceased’s arrival, he/she continued to perform cardiopulmonary resuscitation after setting the deceased’s condition on the floor. Considering that the deceased’s condition, Kim 00 was not an emergency medical personnel, he/she appears to have been aware that he/she had been aware that he/she had suffered cardiopulmonary resuscitation in accordance with rescue and monetary instructions and that he/she had been aware of the deceased.

④ Since the Daegu branch office under the Defendant-affiliated with the Defendant is merely a place where horse racing is transited through screen and only horse tickets are sold, it does not constitute a horse race track under Article 4 of the Korea Racing Association Act. Therefore, even though the Daegu branch office does not have a duty to install and manage heart funeral motors under Article 47-2 of the Emergency Medical Service Act, it was installed by purchasing and installing heart funeral motors under the instruction of the Minister of Food and Agriculture and Food Affairs to strengthen the safety of multiple facilities.

However, as seen above, Kim 00, in conversations with a 119 relief expert, became aware that there was an abnormal accident on the part of the heart of the deceased, and carried out cardiopulmonary resuscitation. From around 12:41:43, the first responder confirmed the condition of the deceased, and confirmed the condition of the deceased, and thereafter, he/she carried out cardiopulmonary resuscitation from 12:41:43, and used cardiopulmonary resuscitation. In light of such progress, the employees of the Daegu branch office under the defendant-affiliated branch were deemed to have no time to use cardiopulmonary resuscitation. Therefore, it is difficult to readily conclude that the above employees failed to take an appropriate emergency measure solely on the ground that he/she did not use cardiopulmonary motor.

⑤ At approximately 12 minutes after the Deceased’s emergency medical service worker arrived at the scene of an accident, and the 119 emergency medical service worker used cardiopulmonary resuscitation and heart funeral motors. However, the Deceased was eventually killed after approximately 25 minutes of his/her arrival at AAA hospital, failing to crepitate.

Therefore, the plaintiffs' assertion under the premise that the employees of the Daegu branch office under the defendant was negligent in taking appropriate emergency measures against the deceased is without merit without examining the remaining issues.

4. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed in entirety as it is without merit. It is so decided as per Disposition.

Judges of the presiding judge;

Judges Lee Jong-soo

Judges Oo-crimes