1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court's explanation on this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment on the plaintiff's assertion at the court of first instance to Paragraph 2 below, since " it is difficult to readily conclude that the deceased's act and food were infected with the food during which the deceased were eating," as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The Plaintiff asserts that, even though one caregiver for each 2.5 patient should observe the patient, the medical care center operated by the Defendant, including the Deceased, caused the death of the Deceased due to the negligence of neglecting the duty of care necessary for the operation of the medical care center, such as managing 52 patients including the Deceased only by four caregivers.

In addition to whether the Defendant was subject to an administrative disposition from the competent authority in violation of relevant provisions, the first instance court, based on the evidence believed by the court, found that three patients, including the Deceased, were admitted to the sick room where the deceased was on board. However, it can be recognized that the above caregiver had been in the sick room and continuously reported the patients to be in the sick room until the 119 emergency squad was called out due to the occurrence of the instant accident from the meals of the patients. Therefore, it is difficult to acknowledge a proximate causal relationship between the violation of the Defendant’s provision and the deceased’s accident.

Therefore, the plaintiff's above assertion is without merit.

B. The Plaintiff, in the event that a patient in the closed first aid program, such as the so-called pulse law, loses his awareness, should immediately conduct cardiopulmonary resuscitation, and that cardiopulmonary resuscitation was lost.