The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

(a) When a doctor provides medical services, such as diagnosis, treatment, etc., he/she has a duty of care to take the best measures required to prevent any danger depending on the patient's specific symptoms or circumstances, considering the nature of the duties to control

Such duty of care shall be based on the level of medical practice performed in the field of clinical medicine, such as medical institutions, at the time of the performance of medical practice. However, the level of medical care is generally known and known to, and known to, ordinary doctors at the time of the performance of medical practice. As such, it should be determined at a normative level in consideration of the environment and conditions

In addition, the diagnosis is the starting point of the clinical medicine that is based on the results of the diagnosis, the promotion of the diagnosis, the diagnosis and the examination of various clinical tests, and clarify the type, character, the degree of progress, etc. of the disease, and accordingly the treatment law is an important medical act that is selected accordingly. Therefore, in determining the existence of negligence in the diagnosis, even though it is impossible to conduct the complete clinical examination in the process, the doctor must be able to consider whether the doctor has the best duty of care necessary to anticipate the occurrence of the result and avoid the occurrence of the result by examining and diagnosing patients with prudent and accurateness based on the medical ethics, medical knowledge and experience required as professionals at least within the scope of the diagnosis level performed in the field of clinical medicine.

(See Supreme Court Decision 2007Da55866 Decided July 8, 2010). B.

The court below acknowledged the following facts by taking full account of the adopted evidence.

(1) On August 3, 2010, the net C (D students, 177 cms, body body 82 km, hereinafter referred to as “the net”) obtained a chest radiation test on the condition that the chest complained of open symptoms, and that it was applied to the Ethical branch.