의사의 설명의무와 손해배상 범위에 관한 연구

A study on the Scope of Compensation for Damages and Informed Consent If a doctor violates it by Explanation Duty for the patient, I come to bear compensation for damages responsibility. As for the mouth, as for the damage, a personal injury theory called the personal injury is merely opposed with a mind injury theory only as for the injury of the self-decisive power and a self decisive power injury about the damage a patient by violation of Explanation Duty of the doctor illegally. The Korean majority theory takes the personal injury theory. However, it is not yet clear, and only consolation money is divided one authorization case and all damage into in one authorization case by the damage that occurred by the Explanation Duty violation of the doctor whether our precedent takes the personal injury theory. In my opinion, the Explanation Duty violation of the doctor is a illegal physical infringement with a self decisive power injury because that there is a causation between the damage of property and the damage of mind that causes by phisical injury as the doctor violates Explanation Duty for the patient. Therefore, as for the doctor, a patient takes responsibility for must prove what I gave explanation that I am concrete enough about for the danger realized by the damage of the patient beforehand and must bear compensation for damages responsibility by the Explanation Duty violation if I cannot prove this.