투신 사고와 자살 사이의 상당인과관계 인정과 손해배상의 범위에 대한 소고 - 대법원 2007. 1. 11. 선고 2005다44015 판결을 중심으로-


Recognition of reasonable causation in cases of mentally ill patients committing suicide and the adequate level of damages


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Recently the Supreme Court held that “in cases in which a patient suffering from a mental disorder attempts to commit suicide, fails, and then succeeds in a subsequent attempt, the following circumstances must be present in order to acknowledge reasonable causation between the negligence of the hospital with regards to taking care of the patient and the death of the patient; there must have existed negligence on the part of the hospital with regards to their failure to stop the 1stsuicide attempt, injurious aftereffects must have been caused to the patient by the1stsuicide attempt, and said aftereffects must have been the main cause for the 2nd successful suicide attemtp” This, in effect, lessens the requirements of past holdings of the Supreme Court which held that “to acknowledge reasonable causation between the negligence of the hospital and the patient that commits suicide, the patient must have experienced such severe physical and mental suffering from the previous attempt so that they could not help but choose to commit suicide”. The fact that the Supreme Court did not clearly state such changes in their view on this matter should be corrected. Also, the fact that the court only held the hospital liable for damages of less than 50 million won, only calculating damages up to the point when the deceased passed, is inadequate compared to other cases and should be corrected.


I. 들어가며
 II. 대상판결의 개요
  1. 제1심의 판단
  2. 항소심의 판단
  3. 대법원의 판단
  4. 환송심의 판단
 III. 과실 있는 행위에 의한 후유장해와 제2자살 행위 사이의 인과관계 인정의 적정성
  1. 의료소송에서 인과관계 인정과 관련한 학설과 판례의 입장 검토
  2. 이 사건에 있어서 환자의 제2차 자살행위에 대하여 피고병원의 과실 있는 행위와의 인과관계를 인정하는 것이 적정한지 여부에대한 검토
  3. 적정 손해배상의 범위에 대한 검토
 IV. 마치며


  • 이정선 Lee Jung Sun. 변호사, 숲과나무법률사무소


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