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TITLE 【Syllabus of Latest Opinion】 Supreme Court Decision 2014Da230535 Decided February 15, 2017【Damages (Etc.)】 * First draft [full Text]
Summary
[1] In cases of performing medical procedures that are physically invasive such as surgery, whether a patient’s consent or approval is necessary (affirmative) and matters that a medical practitioner needs to explain assuming patient consent or approval thereof; In the event a medical practitioner neglected his/her duty to explain and thus kept a patient from substantially exercising his/her right to self-determination, whether such act constitutes a tort (affirmative)
[2] Requirements to acknowledge surgical procedures, such as vasectomy and abortion, which were performed on patients with Hansen’s disease (also known as leprosy) by doctors, etc. at Sorokdo National Hospital, a government-run hospital specialized in the quarantine and treatment of leprosy patients, as a justified exercise of governmental authority; In cases where the government, without satisfying the requirements, subjected leprosy patients to undergo either vasectomy or abortion, whether such act by the government constitutes a tort under civil law (affirmative)
[3] Where Party A and others who were former leprosy patients sought a claim against the State for compensation on the ground of having been subjected to undergo either vasectomy or abortion during the period when they were hospitalized at Sorokdo National Hospital which is a government-run hospital specialized in the quarantine and treatment of leprosy patients, the case holding that acknowledged the State liable for compensation
[4] In cases where an obligor is not permitted to assert the running of the statute of limitations as it constitutes an abuse of rights transgressing the principle of good faith; Standard for determining whether an obligee exercised his/her right within a reasonable period from the moment when objective reasons ceased to exist and the scope of “reasonable period” in a claim for damages caused by tort
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Next 【Syllabus of Latest Opinion】Supreme Court Decision 2015Da59146 Decided January 25, 2017 【Severance Pay, etc.】* First draft
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