손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts [based on recognition: Fact that there is no dispute, Gap evidence 1 through 6 (where there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings];
A. The plaintiff A is the denial of the network D (EE, hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.
B. On August 1, 2016, the Deceased, along with the Plaintiffs on August 6, 2016, went water in the Hannam-gun Fro basin (hereinafter “the instant river”) near the river basin in the Jeonnam-gun (hereinafter “the instant river”). While Plaintiff B and C were playing water in the center of the instant river, the deceased turned down as soon as the raw-type concrete waterway (5m, 1.4m in diameter) installed in the center of the instant river. While the deceased went into the water to seek it, the deceased left the water as soon as possible enter the water, but did not go away from the water, such as the inner steel shed, etc.
(hereinafter referred to as “instant accident”). C.
The instant river is a national river, which is managed by the Minister of Land, Transport and Maritime Affairs under the jurisdiction of the Republic of Korea. From January 24, 2014, the Defendant Guil-gun obtained permission to use river water from the head of the Yeongsan River Management Office for the instant river, and installs and operates G with a facility, such as a primary concrete waterway, etc.
2. The assertion and judgment
A. The river of this case claimed by the plaintiffs is located in a place where people enjoy water play, etc., and the risk of water-related accidents is very large that the river of this case is installed with an original concrete waterway, and water can rapidly flown by water, so the defendants should be prohibited from approaching the above dangerous area and have taken measures to prevent water-related accidents by removing steel nets from the entrance into the entrance of the original concrete zone or by removing steelworks inside the waterway. However, since the accident of this case occurred, the defendants are liable to compensate for damage in accordance with Article 5(1) of the State Compensation Act.
B. (1) The construction or management of public structures under Article 5(1) of the State Compensation Act.