2012 Gohap 14902 Compensation (Definition)

1. Title ○○

2. Kim Jong-tae

[Judgment of the court below]

Attorney Kim Jong-sung, and Mai-si

1. A medical corporation and a medical corporation and medical corporation;

2. Quantities;

[Defendant-Appellant] Plaintiff 1 et al.

Attorney Song Jin-ho, Counsel for the defendant-appellant

March 24, 2015

April 7, 2015

1. The Defendants shall pay to each of the Plaintiffs ○○○○, respectively, 70, 828, 032, and KRW 69,228,032 with the amount of 5% per annum from June 14, 2012 to April 7, 2015, and 20% per annum from the next day to the day of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. Of the litigation costs, 60% is borne by the Plaintiffs, and the remainder by the Defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly and severally pay to the Plaintiff ○○○○ KRW 173,070,080, and to the Plaintiff Kim Jong-young 168,070, and 080, respectively, 5% per annum from June 14, 2012 to the service date of a duplicate of the instant complaint, and 20% per annum from the following day to the day of full payment.

1. Basic facts

(a) A party relationship;

피고 의료법인 길 의료재단은 강원 철원군 갈망읍 군탄리 339에서 철원길병원 ( 이하 ' 피고병원 ' 이라 한다 ) 을 설립하여 운영하는 의료재단이고 , 피고 양은 피고병원 소속 의사로서 망 권▲▲ ( 이하 ' 망인 ' 이라 한다 ) 를 진료하였던 의사이며 , 원고들은 망인의 부 모들이다 .

(b) A traffic accident of the deceased;

On June 13, 2012: around 40, the Deceased was injured by the wind, which was used on the road, when he was under the influence of alcohol 0.137% of the blood alcohol content of 0.137% (the application of the Fdmark Gong) while driving the dmark, due to the shock of Indian boundary, while driving the dmark dmark mar.

C. Arrival, etc. of the Deceased’s Defendant Hospital

1) On June 14, 2012, the Deceased arrived at the emergency room of the Defendant Hospital by the 119 Emergency Squads around 00: 14: around 119, and the staff of the 119 Emergency Squads sent to the medical staff of the Defendant Hospital a copy of the 119 Emergency Medical Service Book of the Deceased. The content of the 119 Emergency Medical Service Book: The type of patient occurrence: traffic accident, food condition: the state of the flag (the state of port that it is possible to communicate with the Defendant’s medical staff at the Defendant Hospital at the expense of the Defendant Hospital at the expense of the Defendant Hospital at the expense of 119 Emergency Medical Service Corps.

2) The emergency records of the deceased at the Defendant Hospital are recorded as the first time as to the circumstances at the time of arrival of the deceased.

- Emergency Archives -

A person shall be appointed.

(d) Measures, etc. against the defendant;

1) As a result of the deceased’s verification of his active symptoms, the Defendant determined that the deceased’s blood pressure was 110/70mHg, 72mHg, hump 72 times, hump 20 / hump 20, 36 pump, hump 36 degrees, and oxygen 95%. Moreover, the Defendant determined that there was no special abnormal check on the part of the deceased’s chest promotion; there was no pressure pressure and shock on the part of the deceased’s chest promotion; and that there was no pressure and shock on the part of the deceased’s chest, hump, hump, and hump.

2) As a result of the verification of the deceased’s external wound, the Defendant Yang ○○ performed the disinfection on the upper part of the check, while the Defendant was found to have a flicked body in which the deceased’s left upper part, the left part, the left part, the left side, the right side, the right side, the chest, and the chest were flickly flicked, and thereafter X-ray inspection was conducted, but the pel-ray inspection was not observed as a result of the inspection.

3) The police collected the blood of the deceased with the consent of the deceased during the period in which the deceased was in the above hospital. At that time, the blood alcohol concentration of the deceased was 0.123%.

E. Discharge measures against the Deceased, etc. on the Defendant’s quantity

1) On June 14, 2012: around 00:30, Defendant 2 explained that the result of the deceased’s inspection was normal; “The deceased is difficult to be hospitalized at the present time, and if there is any defect after the lapse of the jurisdiction at home, she shall reargue the deceased’s discharge.”

2) On June 14, 2012, around 01: 51, the Defendant’s quantity confirmed the condition of the deceased’s active symptoms while taking measures for release against the deceased. As a result, it was confirmed that the blood pressure was 110/60mHg, 70mHg, beerbling, 20 times/minutes, 36 times in body, and that the condition of the deceased was prone to pain.

(f) Death after the discharge of the Deceased;

1) On June 14, 2012, around 01:50 on June 14, 2012, Plaintiff ○○○ was engaged in gathering the deceased by using the vehicle of 119 emergency squad, and the Plaintiffs covered the deceased who believed that “the deceased is under the influence of alcohol.”

2) On June 14, 2012, at around 06:0, Plaintiff Kim Jong-tae broken the Deceased, but confirmed that the Deceased was not hidden, and contacted Plaintiff ○○ and 119 first aid teams who had worked.

3) Since then, the Plaintiff ○○, who first arrived at the house, attempted cardiopulmonary resuscitation to confirm that he was in a state of suspension of the body and beering of the deceased. On June 14, 2012: (a) around 24: 119 emergency units of the Defendant Hospital, the deceased was transferred to the emergency room of the Defendant Hospital.

4) Since then, the medical professionals in Defendant Hospital attempted cardiopulmonary resuscitation on the deceased, but did not recover the cardiopulmonary function of the deceased, and confirmed the death of the deceased around June 14, 2012.

(g) The result of the autopsy on the deceased;

국립과학수사연구원의 법의관 박★★은 2012 . 6 . 15 . 망인을 부검하였는데 , 그 부검 결과 ' 망인의 사인은 흉복부손상이고 , 그 흉복부손상은 손상의 성상으로 보아 오토바이 사고로 바닥에 전도되는 과정에서 발생한 것으로 판단하는 것이 합리적이다 ' 라는 의견 을 제시하였다 .

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7 through 10 (including each number); below

2) Each description of Eul evidence Nos. 1 and 2, and each description of this Court’s steel fire extinguishing report

As a result of the conference, the purport of the whole pleading

2. Determination

(a) Occurrence of liability for damages;

1) The cause of the deceased’s death

가 ) 갑 제2 , 3 , 4 , 7 , 8호증 , 을 제2호증의 각 기재 , 이 법원의 2014 . 7 . 14 . 자 국립 과학수사연구원에 대한 사실조회결과에 변론 전체의 취지를 더하여 인정할 수 있는 다 음과 같은 사정 즉 , ① 망인은 오토바이를 운전하던 중 인도 경계석을 충격하였는데 , 그 충격의 정도가 상당하였던 것으로 보이고 , 119구급대에 의하여 이송하는 도중에 복 부통증을 호소하면서 기면상태에 빠졌던 점 , ② 망인을 부검한 국립과학수사연구원의 법의관 박★★은 ' 망인의 간과 결장간막 , 장간막이 파열되어 복강 내로 대량의 출혈이 발생하고 , 좌 , 우측 폐문부에 출혈이 발생한 소견이 보이는 데 , 이러한 흉복부손상이 사인이다 ' 는 의견을 제시한 점 , ③ 대한의사협회 역시 ' 망인의 사망 원인은 외상으로 인한 복강 내 출혈인 것으로 생각된다 ' 는 의견을 제시한 점 ( 을 제2호증의 27 ) 등을 종 합하면 , 망인은 교통사고로 인한 복강 내 출혈로 사망한 것으로 봄이 상당하다 .

나 ) 이에 대하여 피고들은 , 망인이 만취상태에서 구토물이 역류하는 바람에 발생한 기도 폐쇄로 인하여 사망했을 가능성이 있다고 주장하나 , 이 법원의 2014 . 7 . 14 . 자 및 2014 . 7 . 17 . 자 각 국립과학수사연구원에 대한 사실조회결과에 변론 전체의 취지를 더 하여 인정할 수 있는 다음과 같은 사정 즉 , ① 망인을 부검한 국립과학수사연구원의 법의관 박★★은 ' 망인의 사망경과로 볼 때 , 토사물에 의한 기도폐쇄 여부는 사망에 결 정적인 영향을 주지 않았고 , 망인의 부친이 심폐소생술을 하는 과정에서 위 내용물의 역류가 일어났을 가능성이 높으며 , 피고병원의 ' 통합기록 ' 에서 썩션 시행시 다량의 출 혈 및 토사물이 확인되었다 ' 고 하는데 이러한 소견은 폐손상 ( 폐문부출혈 , 폐좌상 ) 이나 심폐소생술 , 기관삽관 과정 모두에 기인하여 발생할 수 있는 소견이라는 점 , ② 망인의 사체에서 질식사의 전형적인 징표가 발견되지 않은 점 등을 종합하면 , 을 제1 , 2호증의 각 기재 및 이 법원의 2013 . 12 . 24 . 자 가천의과대학교 인천길병원에 대한 감정촉탁결 과만으로는 망인이 만취상태에서 구토물이 역류하는 바람에 발생한 기도폐쇄로 인하여 사망하였다는 점을 인정하기에 부족하고 , 달리 이를 인정할 만한 증거도 없으므로 , 피 고들의 위 주장은 받아들일 수 없다 .

2) The existence of negligence between the Defendant and the Defendant

A doctor in charge of human life and health requires the best duty of care necessary to prevent danger in light of the nature of his/her duties. Accordingly, a doctor shall exercise the best care in consideration of all circumstances, such as the treatment method’s effect and side effects, based on the medical knowledge at the time of treatment. The standard of such duty of care shall be determined according to the level of medical care based on the practice of so-called clinical medicine at the time of treatment; however, the level of medical care shall be determined at the level that is normatively required; and the specific situation of the relevant doctor or medical institution shall not be considered (see Supreme Court Decision 98Da50586, Jan. 21, 200, etc.).

(4) Based on the above legal principles, if the deceased were to be able to be checked by the method of checking the condition of the deceased's 1 to 4, and the deceased's 1 to 10, and the deceased's 2 to 10, respectively, were to be checked by the method of checking the condition of the deceased's 1 to 2014, the National Science Investigation Institute on July 14, 2014, and the Korean Association on January 13, 2015, were to be found to have been able to be further identified by the method of checking the condition of the deceased's 1 to 19, and the possibility that the deceased's 19, 119, were to be found to have been damaged by the method of checking the condition of the deceased's 1 to 20,000 square meters of 1 to 20,000 square meters of the body of the deceased's 1 to 20,000 square meters of the body of the deceased.

3) Defendants’ liability for damages

Therefore, the Defendant’s quantity is liable for compensating the deceased and the plaintiffs for the damages caused by such negligence as above, and the Defendant’s medical foundation is also liable for compensating the above damages as an employer of the injured and the injured.

B. Limitation on liability for damages

However, the following circumstances are: (a) evidence No. 3 and evidence No. 2, which can be recognized by adding the whole purport of the pleading to the statement of evidence No. 2, namely, ① the Deceased complained of the pain of the part of the Defendant Hospital or was involved in a traffic accident immediately after the transfer to the Defendant Hospital; and (b) the reason for the injury and the symptoms of the injury are merely called “aspda,” and the body and the bridge are not accurately informed; (c) the general observation alone does not make it difficult to determine that the cause of the surgery occurred to the Deceased; and (d) there are many cases of death without the early recognition of the part of the body and death due to the difference in the doctor’s personal experience and knowledge; and (c) the Plaintiffs also did not continuously observe the condition of the Deceased after the Deceased’s relocation to the Defendant Hospital; and (e) the Defendants’ liability ratio shall be limited to 40% in light of the fair burden of damages by the Defendants.

C. Scope of liability for damages

1) The deceased’s lost income

Based on the facts and the content of the evaluation under the following circumstances, the amount of the lost income shall be calculated at the present price of the deceased at the time of his death, pursuant to the Madden Act, which deducts intermediary interest at the rate of 5% per annum on the basis of the following facts and the content of the evaluation:

A) Facts and details of assessment

(1) Gender: Male and date of birth: July 16, 1992; the age at the time of an accident: 19 years old; 10 years old;

T. T. T.T.

(2) Income: A common person on July 16, 2012, sought by the Plaintiff, based on the report on the survey of actual status of construction works at the time of the Plaintiff’s request.

Monthly income calculated by applying 22 days to the number of working days in 75,608 won a day;

1, 663, 376 won

(3) Operating Period: July 15, 2052, on which the seal of 60 years of age reaches 60.

(4) Cost of living: 1/3 of the deceased’s income.

B)Calculation of lost earnings;

266, 140, 160 won = 1,663, 376 x heading 240 (339, 263) of monthly income.

To prevent excessive compensation, 240 applies) X living cost deduction 2/3)

2) Funeral expenses;

The fact that the plaintiff ○○○ paid four million won as funeral expenses of the deceased was a dispute between the parties.

(2).

3) Limitation on liability

(1) A lost income: 266, 140, 160 won ¡¿ 0.4 = 106, 456, 064 won

Funeral expenses: 4,00,000 won x 0. 4 = 1,600,000 won

4) Consolation money

Considering the various circumstances shown in the arguments of this case, such as the age of the plaintiffs and the deceased, the reason why the deceased died, and the relationship between the plaintiffs and the deceased, the consolation money of the deceased shall be determined as KRW 20,00,000,000, and the Plaintiffs’ consolation money as KRW 6,000,000, respectively.

5) Inheritance relations

The plaintiffs inherited the deceased's damage claim 126, 456, and 064 won ( = 106, 456, 064 won + 20,000 won for consolation money + 20,000 won for the deceased's lost income) in proportion to their respective shares of 1/2.

6) Sub-decisions

Therefore, the Defendants are obligated to pay 70,828,032 won to each Plaintiff ○○○, respectively ( = 63,228,032 won in the inheritance of the Deceased + KRW 1.6 million in the funeral expenses + KRW 69,228,032 in the Plaintiff Kim Young-si ( = 63,228,000 in the inheritance of the Deceased + KRW 6 million in the inheritance of the Deceased + KRW 6.6 million in the inheritance of the Plaintiff Kim Young-si), and each of them is liable to pay damages for delay by the Defendants from June 14, 2012 to April 7, 2015, each of which is calculated by the annual interest rate of 5,000 per annum under the Civil Act, which is the date on which the Defendants died, as to the existence and scope of the above obligation.

3. Conclusion

Therefore, the plaintiffs' claims against the defendants are justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judge Lee Jong-soo

Judges Park Jin-han

Judges Yellow Jin-Jin