The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

A. Medical practice is an area requiring highly specialized knowledge, and it is very difficult for a general person, not an expert, to clarify whether he/she has violated the duty of care in the course of medical practice, or whether there exists causation between the violation of such duty of care and the occurrence of losses. Therefore, in cases where symptoms causing severe results occur to a patient after an operation or a surgery, it is also possible to presume that such symptoms are based on medical negligence by proving indirect facts that it is difficult to deem any other reason than medical negligence. However, even in such a case, it is not allowed to prove the causal relationship between the doctor's negligence and the result by presumption of the causal relationship with the doctor's negligence, on the grounds that there is a circumstance that does not guarantee the probability that the occurrence of a result is likely to be presumed due to a doctor's negligence.

(See Supreme Court Decision 2005Da5867 Decided May 31, 2007, and Supreme Court Decision 2012Da41069 Decided January 29, 2015, etc.) B.

In the instant case where the Deceased died from excessive explosion while receiving a low-level explosion surgery (hereinafter “instant surgery”), a method for performing a work cancer surgery, the lower court found the first instance court and the lower court as follows: (a) based on the result of the commission of each medical record appraisal to the head of the sexual empty hospital of the Silver University, etc. of the first instance court and the lower court; (b) pulmonary color (mastf, approximately 8.1%) and pulmonary fladation or coloning (0.5-1%) 4%) upper infection (4%) fladation (0.8%) fladation (0.6%) fladation (0%) and fladation (0.7-8.9%) fladation; (c) the patient’s intention to conduct a low-level explodation surgery is found to have been aware of the patient’s blood function, function, etc. before the operation and the patient’s puration test.