A. The defendant is a person who installs and operates C's facilities located in Seocho-gu Seoul Metropolitan Government.

B. On August 13, 2017, at around 15:30, the Plaintiff was involved in an accident (hereinafter referred to as “instant accident”) which fell down below the 1m rail on the wind side of the said rail, on the bridge of Seocho-gu Seoul Metropolitan Government D apartment building C (hereinafter referred to as “instant rail”).

C. The Plaintiff suffered injuries, such as salt pans and tensions in the instant accident, scarbs, scarbs, and scarbs, and scarbs’ salt pans, tensions, etc.

The instant rail is designed and manufactured to prevent the damage to a rail and bridge from floating water, etc. and to play a role as a fall-prevention rail by automatically cutting down it after flood when the water level of the river increases. The detailed operating principle is as follows.

E. The Plaintiff was paid KRW 1,200,000 as insurance money for the instant accident by E Co., Ltd. (hereinafter “E”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 9, 10, 12, Eul evidence Nos. 1 and its images, and the result of fact inquiry into F corporation of this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. "Defects in the construction or management of a public structure" in Article 5 (1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily in accordance with its use. Thus, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure does not have a perfect condition and has a defect in its function. Whether safety is satisfied above shall be comprehensively considered in light of all the circumstances such as the purpose of use of the public structure in question, the current status of the place of installation and the status of its use.