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(영문) 인천지방법원 2015.10.06 2015가합51285
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are parents of the deceased D (hereinafter “the deceased”), and the Defendant is a doctor to operate the Cneological Department (hereinafter “Defendant Hospital”) hospitalized by the deceased.

B. (1) The Deceased’s hospitalization at the Defendant Hospital was received from around 2007 due to the Maternology, etc., and the Plaintiffs requested the Defendant Hospital to provide the hospitalized treatment of the Deceased. (2) From December 13, 2013, the Deceased was hospitalized in the Defendant Hospital. (3) From December 13, 2013, the Deceased was hospitalized in the Defendant Hospital for 24 hours from CCTV to prevent the Deceased’s self-harm.

C. (1) On January 13, 2014, the Defendant Hospital invited external instructors from around 15:00, and provided a public Taekwondo education to inpatients. (2) The Deceased, while withdrawing rest together with the fellow patients in the same sick room, has entered the sick room without participating in the above education.

The Deceased was in custody of the bread paid by Defendant Hospital at around 19:00 on the preceding day. However, around January 13, 2014, around 15:16, the Deceased started to drink the said bread by dividing the said bread with the East patient.

3) On January 13, 2014, the Deceased was engaged in actions that seem to have been taken on drinking breath, around 15:19, and the deceased brought water to the deceased later at the end. On January 13, 2014, the deceased was in a state where the nurse of the Defendant Hospital was seated above the right fright and fright down at the bend. 4) On January 13, 2014, the nurse of the Defendant Hospital frightd the deceased at the bend to the bend head of this fright. However, on January 17:0, 201, the deceased was in a state where the deceased was already killed.

On January 15, 2014, the National Institute of Scientific Investigation, as a result of the autopsy on the deceased, was autopsyed on January 15, 2014, and the results of autopsy are as follows:

A private person is judged to be a closed quality model due to the inflow of foreign substances.

1. On the summary of the case, “E hospital emergency post-ex post-post and the breath inserted treatment process” is found to be breathing.

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