2015Do3367 Occupational, etc.

A person shall be appointed.

Defendant

Daegu District Court Decision 2013Do3730 Decided February 6, 2015

June 11, 2015

The appeal is dismissed.

The grounds of appeal are examined.

In full view of the circumstances as stated in its reasoning, the lower court determined that the causal relationship is recognized on the ground that the Defendant’s occupational negligence was recognized as having occurred in the victim’s complaint in the course of the instant surgery and delayed treatment due to the lack of time detection, and that the victim’s death was recognized due to the merger certificate, such as dumpitis caused by the said sunvers, etc.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on occupational negligence and causation, thereby failing to exhaust all necessary deliberations.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ko Young-han

Justices Lee In-bok et al.

Justices Kim Yong-deok

Justices Kim Gin-young