[2] In a case where the water capacity of a dam inevitably decreased due to the lapse of time, the criteria for recognizing defects in the management of a dam concerning flood control

[2] The degree of difference when a dam is constructed, but it is inevitable to gradually reduce the water capacity of a reservoir due to the passage of earth and sand into a reservoir and the lapse of time from the upstream of a dam. As such, in order to establish defects in dam management in a case where the water capacity of a dam is reduced, a reasonable measure should not be taken to eliminate or reduce the risk of flood damage even though the decrease in water capacity of a dam significantly increased due to the decrease in water capacity of a dam, and there should be clear circumstances to see that it is evident in light of the general level of dam management and social norms.

1. The size and facilities of multi-purpose dams to be installed by the State in a river shall be determined by comprehensively taking into account the characteristics of the relevant river, the rainfall of the relevant river basin, the water flow, the water flow, topography, other natural conditions, the situation of the use of land near the river basin, and other social conditions, the purpose of the dam construction, and the economic feasibility of the dam construction. Thus, in order to determine the existence of defects in the construction of multi-purpose dams in relation to flood control in relation to flood control, the size and facilities of the dam shall be acknowledged as not having been able to take measures such as the adjustment of the size of the dam, water level, etc. for flood control in light of the general standards for the construction of the dam and social norms

According to the records, the defendant determined the size, level, etc. of the above dam by taking into account the aforementioned various perspectives in the construction of a multipurpose dam, and the court below's decision that rejected the plaintiffs' assertion that each of the lands of this case located in the upstream basin of the above dam was flooded at the time of the above dam construction due to the failure to take the general standards for the construction of the dam, such as the error of determining the height and level of the dam not to meet the flood volume of the relevant river basin, such as the novel theory at the time of the construction of the above dam, and because it did not take any necessary measures for flood control by social norms, there is no evidence to support that each of the lands of this case located in the upstream basin of the above dam at the time of each concentrated rain of the court below's decision, and there is no error in the misapprehension of legal principles as to the defect in the construction of the dam, such as

2. As duly admitted by the court below, although there is a difference in the degree of construction of a dam, it is inevitable to gradually reduce the water capacity of a reservoir due to the passage of earth and sand into a reservoir from the upstream of a dam and the lapse of time. As such, if the water capacity of a dam is reduced, it shall be recognized that there is a defect in dam management in terms of flood control, in order to determine that there is a defect in dam management, the risk of flood occurrence has not been taken to eliminate or reduce the risk even though the decrease in water capacity of a dam significantly increased, it shall be recognized that there is a clear reason to view that it is obvious in light of the general level of dam management and social norms.

However, according to the records, there is no evidence to acknowledge that each land was flooded due to a decrease in the water capacity of the dam at the upstream of the dam at which each of the lands of this case is located, or due to a decrease in the water capacity of the dam at the time of each of the concentration. On the other hand, there is no evidence to support that the manager of the dam at the time of each concentration was erroneous in the control of discharge. Thus, even though the risk of flood damage to the basin of the dam at the time of the decrease in water capacity of the dam increased due to the decrease in water capacity of the dam at the time of the above concentration, the court below's rejection of the plaintiffs' assertion on the premise that each of the lands of this case was flooded due to the defects in the management of the dam at each of the above concentration, such as a decrease in water capacity of the dam at the time of the dam at each of the above concentration, the court below's rejection of the plaintiffs' assertion on the premise that each of the lands of this case was flooded, and there is

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Sung-sung (Presiding Justice)