손해배상(의)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On December 3, 2013, the Plaintiff asserted that: (a) walked on the ground road of 119-5 (hereinafter “instant road”); (b) was damaged by the wind, which was damaged by the Defendant’s neglect of management; and (c) incurred the total amount of KRW 6,943,700 for medical expenses; and (d) accordingly, the Defendant was liable to pay the Plaintiff KRW 6,943,700 for damages incurred by the said unlawful act.
2. First of all, we examine whether the instant road was a public structure that has been extended for public purposes and has failed to meet the safety requirements ordinarily required in light of its purpose.
The term "public structures" under Article 5 (1) of the State Compensation Act includes tangible or physical facilities which have been donated to a specific public purpose by the State or a local government, including cases where the State or a local government is under ownership, right of lease or other powers, as well as cases where the State or a local government is under actual management (see Supreme Court Decision 98Da17381, Oct. 23, 1998); however, the defendant falls under the road management authority of this case under the Road Act.
In addition, there is no evidence to acknowledge that the Defendant actually manages the road of this case (as stated in the Evidence Nos. 1, 2, 5, and 6 of this case, the road of this case seems to be a private road established on the land owned by an individual), and the road of this case cannot be deemed to fall under the "public structures" of Article 5 (1) of the State Compensation Act.
In addition, the "defect in the construction and management of public structures" in Article 5 (1) of the State Compensation Act refers to a state in which the public structures are not equipped with safety ordinarily required for their use, and the level of maintenance of complete state at all times in the construction and management of public structures is high.