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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.
Reasons
1. Determination on the cause of the claim
A. Basic facts 1) On October 28, 2013, the Plaintiff: (a) at the National Police Hospital of Korea, to conduct internal inspections and sprinkling operations (hereinafter “instant procedures”) at the National Police Hospital.
(2) On November 2, 2013, the Plaintiff received hospital treatment and examination since the date of the instant procedure on which the Plaintiff discovered a fright farming (7.4 cm x 5.1 cm x 5.7 cm) around the ambridge around the ambridge, and received a ambling and drinking in the ambane hospital on November 13, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
B. The Defendant asserted that the Plaintiff had been aware that only three days had not elapsed since the Plaintiff taken scam, and had the Plaintiff conduct the instant treatment with the knowledge of the risk of scaming, and caused the Plaintiff’s negligence on the part of the removal of scam and the Plaintiff’s scam on the part of the removal of scam and the resulting scam.
Since such negligence constitutes gross negligence, not minor negligence, the defendant is obligated to compensate the plaintiff for damages caused by medical negligence (the hospital expenses of KRW 3.8 million, a solatium of KRW 1.2 million).
C. In cases where a judgment official inflicts damage on another person in the course of performing his/her duties, the State or a local government is liable for tort liability in addition to the State or a local government’s liability for tort liability if the public official’s personal act is intentional or gross negligence, but the public official is not liable for tort liability in cases where the public official’s personal act is in progress only. The public official’s gross negligence in this context is a case where the public official could have easily predicted the consequences of illegal and harmful acts, if he/she did not pay considerable attention to