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[1] In the case where medical personnel made a significantly unfaithful treatment beyond the tolerable limit of ordinary person, whether the medical personnel is liable for consolation money (affirmative) and the party who bears the burden of proving the elements (=victim)
[2] The case revoking the decision of the court below for failing to appropriately conduct a hearing as to whether the degree of breach of the duty of care went beyond the tolerable limit of ordinary person, while the court below acknowledged the liability for consolation money on the basis of the finding that the medical personnel failed to adopt the best measures in providing subsequent medical care when the patient was under a lethargic or confused mental condition even after the recovery time from anesthesia after effecting a general anesthesia
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