1. The plaintiff's claim is dismissed.

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

1. A physician has a duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the patient’s nature of duties to manage the patient’s life, body, and health, and such duty of care is based on the level of medical practice performed in the clinical medicine field, such as a medical institution at the time of the medical practice. Since the level of medical care is generally known and recognized at the time of the medical practice by an ordinary doctor at the time of the medical practice, considering the environment and conditions of the medical practice, characteristics of the medical practice, etc. In addition, the diagnosis is a starting point of the clinical medicine that determines whether the disease is discovered or not and determines its kind, character, and degree of progress. Thus, in determining whether there is negligence in the diagnosis, even if it is impossible to conduct the complete clinical diagnosis in the process, the doctor’s duty of care must be determined within the scope of the level of diagnosis required by the doctor at least within the degree of clinical medicine, based on the best ethical knowledge and experience required as a result of the diagnosis and predict of the patient.

(see, e.g., Supreme Court Decisions 98Da45379, 45386, Mar. 26, 1999; 2010Da76849, Sept. 13, 2012). Meanwhile, in providing medical treatment, a doctor has considerable discretion in choosing methods of medical treatment determined appropriate based on the patient’s situation, the level of medical care at the time, and his/her knowledge and experience, and such reasonable scope is reasonable.