The case holding that if a physician has lost the same opportunity by diagnosing an abandoned cancer patient as healthy, he/she is liable for compensation for the damage, since it can be extended the life period or the person or his/her family members have an opportunity to adjust his/her body after receiving appropriate medical treatment according to the state of the outbreak when he/she becomes aware of the outbreak.

Article 750 of the Civil Act

Plaintiff 1 and two others

Defendant

1. The defendant shall pay to the plaintiff 1 the amount of 4,00,000 won, the amount of 3,000,000 won per annum from September 21, 1990 to September 22, 1993, and the amount of 25 percent per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. Ten percent of the costs of lawsuit shall be borne by the plaintiffs, and the remainder shall be borne by the defendants.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 1 the amount of 42,105,308 won per annum from September 21, 1990 to September 22, 1993 and the amount of 25 percent per annum from the next day to the date of full payment.

1. Basic facts

The following facts may be acknowledged in full view of the statements in Gap evidence 1 through 4, Gap evidence 5-1 through 13, 14, 15 through 36, 53, 54, 57, 64, 69, 73, 77, 117, Gap evidence 6 and 7, and the whole purport of the pleadings as a result of a request for appraisal to the director of the New Village Spane Co., Ltd. affiliated with the medical branch of the research branch of the research branch, and contrary thereto, Gap evidence 5-14, 27, 33, 5, 56, 70, and 71 cannot be trusted, and there is no other counter evidence.

(a) A party;

On September 21, 1990, the deceased non-party (here, 1948.7.26.) was determined to be normal as a result of a medical examination conducted by the Defendant on Sep. 21, 199, such as a chest X-ray (x-ray) in a hospital run by the Defendant (a hospital omitted), but was determined to be the deceased on May 30, 1992, but Plaintiff 1 was his husband, Plaintiff 2, and 3 were his co-inheritors. The Defendant, as his father and medical specialist, operates a hospital at his domicile (a hospital name omitted), and Non-party 1 was a medical specialist, who works for the head of the hospital and the director of the division in the hospital from Aug. 26, 198 to May 191.

(b)the process of issuing a health certificate and the subsequent process;

(1) From around 1988, the deceased non-party began to feel the pain and a shoulder, and continued to suffer the pain, and was found in the hospital’s square surgery on May 9, 1990, and was diagnosed as a result of the diagnosis, the symptoms occurred by using a large number of negos and making the shoulder unreasonable, and thus, the emulculation of the shoulder continues to have been performed according to the doctor’s instructions, but the emulculation and sporacy began.

(2) According to Article 4(1) of the Pharmaceutical Affairs Act, an insane, a mentally or physically weak person (No. 2), or an addict to narcotics or other toxic substances (no. 5) is defined as a disqualification for a pharmacist. In order to issue a medical certificate required for the renewal of a pharmacist’s license on September 20, 1990, the deceased Nonparty was subject to blood and urine X-ray tests in the clinical path department of the same hospital under the direction of Nonparty 2, as well as the nursing staff, in accordance with the health care of the hospital and the direction of Nonparty 2 of the nursing staff. The blood test and urine x-ray tests were all conducted, but Nonparty 3 of the medical specialist was normal, but the radiation and urine x-ray photographs of approximately 5-6 cm on the left-hand side of the deceased, and were shown in the report on x-ray tests to the effect that it is necessary to examine and conduct a close inspection.

(3) On the same day, Nonparty 2 recovered the blood test report on the Deceased on the same day, the EXE test report, and sent it to Nonparty 1, the director of the internal department, after attaching the report to the deceased’s medical records.

(4) On September 21, 1990, the next day, the medical doctor Nonparty 1 issued a medical certificate to the deceased on September 21, 1990, stating that all the prosecutor thought that he was under normal conditions after examining the results of the EXS test, and that the medical records attached with various test reports were stated normal conditions and sent them to the original department through health management. On the same day, the chief of the original department Nonparty 4 issued a medical certificate to the deceased that he did not have legal infectious diseases, tuberculosis, mental diseases, and other infectious diseases, narcotics, or other harmful substances, and that he is not a mentally ill person, mentally or physically, or a person who is not a person with an incurable disease. At the request of the deceased, the medical certificate was reissued on November 15, 1990.

(5) After completing the necessary clinical pathology tests, such as X-ray tests, blood tests, urine tests, etc., the department in charge shall prepare an inspection report, send it to health management department, and Nonparty 1, the internal director of the department in charge, shall comprehensively examine the results of various tests, such as X-ray tests, and make a final decision after making the final decision, and shall enter the health condition in the personal medical records of the inspector, and send them to the original department, the director in charge shall issue a health examination report accordingly.

(6) On April 7, 191, while the deceased non-party was living a normal life, he was diagnosed by the Seoul University Hospital on April 20, 1991 as a result of a comprehensive medical examination conducted by the Seoul University Hospital on April 20, 1991, and was diagnosed as a closed cancer, and was not treated until December 27, 191, and was killed as a closed cancer on May 30, 1992.

(c) Causes of death of the victim;

(1) On the chest X-ray photograph of the deceased non-party taken on September 20, 1990 at the Defendant Hospital, approximately approximately 6 x 4.5 cm-1 cm size appears to be a head of the fie1d, and a large number of 0.5 cm-1 cm size in diameter over both sides, it is determined that the pulmonary cancer generated in the fluort field caused a blood pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

(2) The state of waste cancer, in which the blood dynamics occurred across the entire both sides, is classified into 1, 2, 3, and 4 weapons of waste cancer and expressed a very serious horse condition as 4 waste cancer when considering the initial state.

(3) The current level of medical technology is extremely poor in the treatment performance of waste cancer, and the fourth state is not completely cured as a modern medicine.

The duration of life of a patient with cancer is six months in the short period after statistical diagnosis, one year and six months, and one year and six months, and in the case of a person with lung cancer four years, it is a fatal disease to the extent that it is difficult to continue to exist for more than one year. A sudden death is highly likely to occur at any time when brain death or mass blood or an unexpected heart paralysis occurs.

(4) On September 20, 1990, the deceased Non-Party had already undergone a medical examination at the Defendant Hospital on Sep. 20, 1990, and had been in a condition that it was impossible to completely recover from modern medicine. Nevertheless, the deceased Non-Party was dead on Apr. 7, 1991 when he was dead from the time when he was dead on May 30, 192.

2. Fruits in the health examination conducted by the non-party 1

According to the above facts, although the medical examination conducted for the renewal of the driver's license of the deceased non-party at the defendant hospital and the non-party 3 of the medical specialist showed the result of the medical examination conducted by the deceased non-party 3 on the basis of X-ray's opinion that it is necessary to conduct the medical examination, the doctor non-party 1, the director of the internal department, as the result of the medical examination, omitted the review of the above X-ray inspection report while making a final decision on the medical examination and judged all the health conditions, cannot be held liable for negligence in the medical examination so that the deceased non-party is issued a medical examination certificate, thereby losing the opportunity to detect and treat the disease in advance through the medical examination of the hospital, and even if the medical examination of this case by the deceased non-party is not for confirming the personal health condition, but for the renewal of the pharmacist's license under the Pharmaceutical Affairs Act, it cannot be said that the doctor non-party 1 is liable for negligence in the medical examination as above.

3. Consolation money.

A. Since the deceased non-party had been at the time of X-ray inspection and had been in an impossible condition for the medical treatment of the deceased as an end cancer at the time of the medical examination of this case, even if it was possible to verify whether the deceased's end cancer was at the time of the medical examination of this case, it could not avoid the result of the death of the deceased, and thus, the causal relationship between the negligence in the medical examination of this case and the death caused by the deceased's end cancer cannot be recognized.

However, even with respect to the deceased non-party, who is a patient not completely cured at the time of the health examination, if the deceased knew of the outbreak of the lung cancer at the time of the health examination, it could receive appropriate treatment according to the progress and further, it could have been possible to extend the duration of life (the deceased still remains about one year and eight months from the time of the health examination, and thus, it would have been presumed that the time of death of the deceased would have been delayed if he/she or his/her family members were to live more than the duration of life of the patient at the time of the health examination, although it was confirmed that the time of the health examination, but it was confirmed that the death of the deceased would have been delayed if he/she or his/her family members were to receive proper treatment, and that he/she could have an opportunity to individually, family, and social life adjustment in the state of the disease in which the medical examination was impossible to completely recover. Accordingly, it is obvious in light of the empirical rule that the deceased or the plaintiffs suffered mental distress.

Therefore, considering all the circumstances indicated in the records of this case, such as the above medical malpractice, the occupation, age, status, and status of the deceased and the plaintiffs, the medical examination process of this case, and the condition of the deceased’s disease, the amount of consolation money shall be determined as KRW 7,00,000 against the deceased Nonparty, and KRW 1,00,000 against the plaintiffs, respectively.

(b) Inheritance relationship;

According to the statement in Gap evidence No. 2, 7,000,000 won of consolation money of the deceased non-party shall be succeeded to KRW 3,000,000 by plaintiff 1, and KRW 2,00,000 by plaintiff 2 and 3, respectively.

4. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 1 the amount of 4,00,000 won (the amount of 3,000,000 won in inheritance + the amount of 1,000,000 won in inheritance + the amount of 1,000,000 won in inheritance), the amount of 3,00,000 won in each of the plaintiff 2 and 3 (the amount of 2,00,000 won in inheritance + the amount of 1,00,000 won in inheritance + the amount of 1,00,000 won in inheritance) from September 21, 1990 to September 22, 193, which is the date of the rendering of the judgment of this case, the amount of 5% in each year under the Civil Act, and 25% in each of the above special cases under the Act on the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, so the plaintiffs' claims of this case are justified and dismissed as to the remainder of litigation costs.

Judges Kim Jong-young (Presiding Judge)