A. A (D) around 12:40 on February 5, 2016, around 12:40, 2016, with three pro-Japanese-dong-gu, Seoul Seocho-gu, 133, the distribution tent of Han River (hereinafter “instant accident area”) around the ice of Han River (hereinafter “instant accident”). A (hereinafter “instant accident”) was caused by the following accidents: (a) the ice of Han River (hereinafter “instant accident”).

B. A died on June 8, 2016 when a person was in an unidentified state due to blood transfusion or waste converging, etc. caused by the instant accident.

(hereinafter referred to as “the deceased”). (c) A

The plaintiffs are the parents of the deceased, and the defendant is a local government that establishes and operates Han River Facilities through the Han River Business Headquarters of Seoul Metropolitan Government, an affiliated organization.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 5 and images, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The "defect in the construction or management of a public structure" in Article 5 (1) of the State Compensation Act refers to a state in which the public structure has not been equipped with safety ordinarily in accordance with its purpose. Thus, it cannot be said that there is any defect in the construction or management of a public structure merely because the public structure has a defect in its function without having to complete the construction. As above, the determination of safety shall be based on whether the construction manager has fulfilled the duty to take protective measures to the extent generally required in proportion to the danger of the public structure by comprehensively taking into account all circumstances, such as the use of the public structure in question, the present state of the site and the situation of the use thereof. There is no choice as to whether a river as a natural public structure has originally installed the public structure, and there is no natural existence in the state of danger, and the state of danger cannot be removed by simple methods.