구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the dismissal under Article 2(c) of the part concerning the reasoning of the judgment of first instance as follows. Thus, it is acceptable in accordance with the main sentence
The defect in the construction or management of the public structure under Article 5 (1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state of failing to have safety ordinarily in accordance with its use. Thus, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has any defect in its function. In determining whether the safety is satisfied, the standard should be determined to determine whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure, by comprehensively taking into account all the circumstances, such as the purpose of the public structure, the present state of the construction site, and the situation of its use.
(See Supreme Court Decision 2005Da65678 Decided September 21, 2007). Therefore, in the case of a road which is a public structure, it should be deemed sufficient to have a relative safety in which a person who uses it expects a common and orderly method of use, taking into account the relationship with other essential facilities or the financial, human resources, and physical constraints of the person who installs and manages it, etc.
(See Supreme Court Decision 9Da54998 delivered on April 25, 2000, etc.). Meanwhile, if the standards for safety prescribed by statutes or the internal rules of an administrative agency are established, such standards can serve as a single standard to determine whether there is any defect in the construction and management of public structures.
(see, e.g., Supreme Court Decisions 2006Da80285, Feb. 15, 2008; 2004Da23455, Nov. 9, 2006). With respect to the instant one accident, Article 32 subparag. 5 of the Road Traffic Act (see, e.g., Supreme Court Decisions 2006Da80285, Feb. 15, 2008;