2015 Gohap 51285 Compensation (Definition)

1. Ma○○

2. ○○

Attorney Kim Young-jin, Counsel for the plaintiffs

○ ○

Attorney Ahn Jae-sung, Counsel for the plaintiff-appellant

September 22, 2015

October 6, 2015

1. All of the plaintiffs' claims are dismissed.

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

The defendant shall pay to the plaintiffs 70, 228, 524 won and the amount calculated by the ratio of 5% per annum from January 13, 2014 to January 14, 2015 of the purport of the claim and the date of service of a copy of the application for modification of the cause of the claim in this case, and 20% per annum from the next day to the date of complete payment.

1. Basic facts

(a) A party relationship;

The plaintiffs are parents of the deceased Maums (hereinafter referred to as "the deceased"), and the defendant is a doctor who operates the ○○ ○○ Maulic spirit department (hereinafter referred to as "Defendant Hospital") hospitalized by the deceased.

B. Hospitalization of the Deceased in the Defendant Hospital

1) From around 2007, the Deceased was receiving treatment due to editing mental fissionsis, etc., and the Plaintiff was requested to the Defendant Hospital on December 2, 2013 for the hospitalization and treatment of the Deceased.

2) From December 13, 2013, the Deceased hospitalized in the Defendant Hospital, and was living in the sick room taken for 24 hours as CCTV in order to prevent the Deceased from causing danger and injury.

C. The deceased’s death history

1) On January 13, 2014, the Defendant Hospital invited an external instructor from around 00 to conduct the official Taekwondo education for inpatients.

2) The Deceased did not participate in the foregoing education and entered the sick room without participating in the rest with the same sick patient. The Deceased was in custody of the bread paid in a simple manner at around 19:0 the preceding day to the Defendant Hospital, but began on January 13, 2014: around 16, the Deceased divided the said bread with the same patient.

3) On January 13, 2014: around 15: 19, the Deceased was engaged in actions that seem to have been taken on the part of the Deceased, and the said patient brought water to the Deceased later by leaving the Deceased’s, etc., but the Deceased was in a state where he was seated on the part of the bed on January 13, 2014, around 20:20, and she was in a state where her first half was laid down on the bed and her back.

4) On January 13, 2014, the nurse of the Defendant Hospital: around 00: (a) around 17:0, the deceased entered the sick room of the deceased and was frighted up to the bend of the bend of the bend; (b) however, the deceased had already died.

D. The result of the autopsy on the Deceased

1) On January 15, 2014, the National Institute of Scientific Investigation inspected the Deceased, and the results of its autopsy are as follows:

A person shall be appointed.

2) Meanwhile, according to the above autopsy results, the pharmaceutical ingredients detected in the deceased's blood are 10mg/ L, 31mg/ L, 31mg/ L, chlostane 0.31mg/ L, chlostflass 0.81mg/ L, l, nishine 0.24mg/ L (hereinafter referred to as "psychological medicine of this case").

(e) Relevant medical knowledge;

1) Benzin is an anti-patson’s disease, which is used in brain or dynamic sulphrosis, etc.; treatment concentration is 004 to 13mg/ L on October 0, 2004; toxic concentration is 05 to 0.00 g/ L, and the concentration of death is 05 to 0.00 g/ L, and the concentration of death is 00 g/ L on January 18 to 1.0. An anti-patin’s side effect may lead to an anti-patin addiction. In this case, it can be seen as an anti-patized addiction symptoms due to a clinical side effect.

2) Crogena is an anti-psychopathic medicine used for mental fissionism, mental illness, mental illness, etc. The treatment concentration is 03 to 00.3mg/ L, the toxic concentration is 0.5 to 2mg/ L, and the dead agricultural community is 2mg/ L, etc. due to the side effect of Crogena, which may arise from the crogena erogena, neuta, neuta, heavy balcopic effects, etc.

3) Clounflass are anti-fluencing agents used for the emulsing of depression that requires a petition, the notion of coercion, the state of fear, the surface fluoring of water, the treatment density is 0.2-0.4mg/ L. The toxic concentration is 0.6-6mg/ L. The toxic concentration is 0.6-1.6m/ L. The concentration of death is 1.7-3m/ L. The degree of death is 1.7-3m/ L. As a side effect of the Clounflass, symptoms, non-fluoral pressure, and other symptoms may arise, such as the anti-cencing effect, authenticity, non-fluoral pressure, etc.

4) Lininin is an psychotropic solution used for the acute treatment and maintenance of mental illness, which shows the symptoms of hair, hallcing, emotional, and social chilling symptoms. The treatment concentration is 009 to 0.00 g/ L, and the toxicity concentration is 0.05 to 1m g/ L, and the toxicity concentration is 0.05 to 41m / L, and the death density is 2m g/ L from 2m from 5.2m from 0 to 5.2m from 5.2m from 5.m from nin as a side effect of nin. The symptoms can vary in quantity, such as the nin oil, the increase of bathing, the increase of appearance, and the rupture, etc.

5) Benchlofin, chropropha, chroflass, lelofin may have symptoms of crypin and, in the case of crofin, croflass and in the case of fins, cirreh may appear in the employment volume.

6) In a way that would be easily passed from the entry to the port without any reduction or resistance in normal conditions when drinking or drinking water normally, it would be difficult to see that food would have a shot sense, or that food would not get out of the middle, due to a delay or middle disease. Such difficulties would result in various causes, such as age, overall physical condition, etc.

[Grounds for Recognition] In the absence of dispute, entry of Gap evidence Nos. 1 to 3 and 11, and the intention of this Court

Results of each request for appraisal to the Association, the purport of the whole pleadings

2. The plaintiffs' assertion

(a) Occurrence of liability for damages;

Since the death of the deceased was caused by negligence as set forth in the following subparagraphs of the Defendant Hospital, the Defendant is liable to compensate for the damage suffered by the deceased and the plaintiffs.

① The Defendant Hospital injected the instant spirit and medicine to the Deceased more excessively than the appropriate concentration.

② The Defendant Hospital did not control or manage the bread paid by the deceased in the livering process following the day immediately following the death, and did not control or observe any management or observation while the deceased entered his/her ward room during the cream education hours.

(b) Scope of damages;

As a result of the death of the deceased, the deceased lost the future income of KRW 175, 914, and 09, the maximum working age from January 13, 2014, the date of death, to April 18, 2030, the maximum working age of KRW 175, 914, and 09, and the property was damaged by the loss of KRW 5 million for funeral expenses. The Defendant’s responsibility ratio for the death of the deceased is 50%. In addition, the Defendant and the Plaintiffs have a duty to make the deceased and the Plaintiffs suffer emotional distress in money, and the consolation money for the deceased is KRW 40,000,000,000, respectively.

Therefore, the defendant is obligated to pay to the plaintiffs 70, 228, 524 won ( = 45, 228, 524 won by inheritance for the deceased's property damage = 180, 914, 099 won by X defendant's fault ratio of KRW 50% by X defendant ( = 175, 914, 099 won + 5 million) + X inheritance ratio of KRW 1/20 million by inheritance amount of KRW 20,000 by deceased's consolation money ( = 40,000 won by X inheritance expense ratio of KRW 1/2) + each of the plaintiffs.

3. Determination

A. Whether the deceased died due to excessive speculation of the spirit and medicine of this case

According to the deceased's results of autopsy on the deceased, the deceased's blood was found to be bench flost, Cropropha, Cropid, Plostine, and Plostine, among which benine was found to be within the medical concentration, but among them, 0.10 g/ L contained in the toxic concentration, Clostproma is included in the toxic concentration but does not exceed the toxic concentration but does not fall within the toxic concentration, 0.31 g/ L, Clostlass, but does not fall within the toxic concentration, and 0.24 g/ L, each of which was detected on the basis of the above facts.

However, in light of the following circumstances, each description of evidence No. 11 and the statement of evidence No. 11 and the statement of evidence No. 11 and No. 11 (including each number; hereinafter the same shall apply) of this Court against the Korean Medical Association on October 17, 2014, as to the Korean Medical Association on November 3, 2014, and the whole purport of each appraisal commission as to July 9, 2015, which can be acknowledged by comprehensively taking into account the following circumstances, it is insufficient to recognize that the Defendant Hospital excessively dumped the instant mental medicine to the deceased, and that the deceased caused side effects such as difficulty in giving rise to the death of the deceased, etc., there is no evidence to acknowledge otherwise.

① The National Institute of Scientific Investigation decided to exclude addictions from the cause of death, although some of the drugs that exceed the permissible maximum limit of treatment are observed in blood of the deceased, it does not amount to death.

(2) If the spirit and medicine of this case are excessively dumped, it is difficult or difficult to keep them out of the side effects.

There is a possibility that this may occur. However, in the case of the flusium, not only side effects of drugs but also various causes such as elderly, overall physical condition, etc. The Korean Medical Association presents its opinion that it is difficult to estimate and assess the degree of contribution of the deceased (the result of the request for appraisal by the Korean Medical Association on October 17, 2014).

③ In addition, the Korean Medical Association also presents the opinion that "if a normal person dies of bread, it may occur due to the occurrence of foreign substances, even if there is no breath, it may sufficiently occur even in the absence of a breath, and may be a variable according to various conditions, such as food condition, type or characteristics, and food attitude (the result of the commission of self-assessment to the Korean Medical Association on July 9, 2015)."

④ Although a paper was found in a foreign country (the Netherlands) that there was a reduced number of fluorous symptoms in the early stage of the first medication of a psychotropic drugs, the above circumstances are not ordinary circumstances, but rather the fluoral symptoms (insent, remote, and strong) with a fluoral disorder (insent, remote, and strong) with a fluoral disorder rather than ordinary conditions, such as the above Minister.

According to the result of the autopsy by the National Institute of Scientific Investigation of the Deceased on July 9, 2015, there was no observation that the deceased's external inspection and internal inspection could be peculiar.

B. Whether the deceased died due to negligence in the management and observation of the Defendant Hospital

The fact that the deceased was in custody of the bread paid in the livering as of the day immediately before the death is eating the said bread in the sick room on the following day, and the fact that the nurse of the defendant hospital recognized the abnormal condition of the camping net at the night time after approximately two hours after the deceased was write out is as seen in the above basic facts.

However, the above facts and the statements of Gap evidence Nos. 1 through 11 alone are insufficient to determine the fact that the negligence of the defendant hospital caused the death of the deceased due to the negligence of neglecting the management and observation of the deceased, and there is no other evidence to acknowledge it.

The reasons are as follows, which can be acknowledged in the statement No. 1 of the evidence No. 1 by considering the overall purport of the pleadings.

① Although the Deceased was suffering from Compilation mental fission, there is no evidence to prove that there was a certain obstacle for the Deceased to take in food and drink in a daily life related to food and clothing, as the recognition function has been considerably damaged even when he/she takes advantage of the spirit and medicine of this case. In particular, there is no circumstance to deem that there was a certain obstacle for the Deceased to take in food and drink.

Therefore, even if it is judged that the deceased was negligent by neglecting the management and observation of the deceased, as to the fact that the deceased did not discover the fact that he was in custody of the bread paid to the defendant hospital as a simple food prior to the death day, it cannot be predicted that the deceased could have been able to take a quality meal by closing the bbreing brecing bre, so it cannot be said that there is a proximate causal relation between the above negligence of the defendant hospital and the death of the deceased.

1. The deceased’s main purpose is to prevent CCTV installed at the Defendant Hospital as a consequence of the risk of self-harm and sacrificing. However, there were no special circumstances to deem that the deceased was at the time of drinking bread to the deceased, or that there was a risk of harm to the deceased’s life and body, or that there was a risk of harm to the deceased’s life and body. Therefore, it is difficult to readily conclude that the deceased had a duty of care to observe the deceased with CCTV as a CCTV to the Defendant Hospital. Meanwhile, since brea was used as a sacrine after the breath was obstructed, it was difficult for the deceased to easily find the abnormal condition of the deceased by CCTV. Accordingly, as long as the Defendant Hospital was in CCTV, it is difficult to evaluate the deceased’s negligence on the part of the deceased at the time of failing to immediately recognize the condition of the deceased.

C. Sub-committee

As above, it is difficult to recognize that the deceased died due to the negligence of the defendant hospital, and on a different premise, the above assertion by the prior plaintiffs cannot be accepted without further review.

4. Conclusion

If so, the plaintiffs' claims are without merit, they are dismissed. It is so decided as per Disposition.

Judge Lee Jong-soo

Judges Park Jin-han

Judges Yellow Jin-Jin

1) The autopsy appraisal report (Evidence A No. 11) contains a density of death 0.24 g/ L, but is compared with a degree of toxicity 2.4 g/ L when compared with a degree of toxicity.

It seems to be a clerical error.