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(영문) 부산지방법원 2018.05.02 2017가합49030
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a social welfare foundation for the installation and operation of rehabilitation facilities for the disabled (hereinafter referred to as "defendant facilities"), which is a residential facility for the disabled (hereinafter referred to as "defendant facilities").

B. From April 16, 2003, the Plaintiff resided in the Defendant’s establishment and received medical care. At the time of admission to the Defendant’s establishment, the level of disability of the Plaintiff was the third degree of intellectual disability.

C. Around October 17, 2006, the Plaintiff was diagnosed at the Busan National University Hospital to undergo brain resistant surgery for the treatment of cerebral disease, and was diagnosed at the same hospital around June 13, 2008 that it constitutes class 1 of intellectual disability.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion has been as follows: (a) at the time of admission to the Defendant’s facility, the Plaintiff was engaged in daily life at Grade III

However, during the period of admission to the defendant's facility, the plaintiff was in poor sanitary condition due to negligence in the management of the defendant's facility, and the plaintiff was suffering from wounds due to a guidance teacher for the defendant's facility or other inmates of the defendant's facility or others, and there is sufficient possibility that the plaintiff may have suffered cerebral typosiss.

Furthermore, the level of disability of the Plaintiff was aggravated due to intellectual disability 1st degree due to the wind failure, which caused the Plaintiff to set appropriate time for operation for treatment of brain dystrophism, while the Plaintiff recommended brain CT test and operation for treatment of brain dystrophism, but the Defendant refused it and left the Plaintiff alone for not less than one year and six months.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by aggravation of intellectual disability.

3. Determination

A. Whether there was a cerebral cerebral typhism to the Plaintiff due to the external wounds, etc. at the Defendant’s establishment

The results of the inquiry into the F Association and arguments.

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