구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. The reasons for the court's explanation concerning this case are as stated in the part of the judgment of the first instance except for adding the following judgments as to the matters asserted by the parties at the trial. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The Plaintiff’s assertion constitutes “other roads” under the scope of application in the Ministry of Land, Infrastructure and Transport’s guidelines for the installation and management of road safety facilities (hereinafter “road management guidelines”), and thus, the above guidelines should be applied. The instant roads are defective in the construction and management of public structures because they do not meet safety requirements as roads in accordance with the above guidelines.
B. First, we examine the application of road management guidelines.
In relation to the scope of application of the Road Management Guidelines, the Road Act provides that "in principle, it shall be applied to roads stipulated in Article 10 of the Road Act, but it may be applied to other roads." However, it cannot be deemed that the road site is not owned by the defendant, as well as the road site cannot be viewed as "other roads" under the above Guidelines, and the above Guidelines do not constitute grounds for recognizing the defendant's obligation to install and manage the road of this case.
Therefore, this part of the plaintiff's assertion based on this premise is without merit without further review.
Next, it is considered whether the state liability law is responsible for defects in the construction and management of public structures under the State Compensation Act.
Article 5 of the State Compensation Act provides that "public structures shall be subject to the application of Article 5 of the State Compensation Act." Thus, we first examine whether the road in this case is a public structure.
public structures are co-owned or privately-owned by administrative bodies for specific public purposes.