구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following changes to the parallels Nos. 4 and 20 to 6 of the judgment of the court of first instance. Thus, it is acceptable to accept this as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In the modified part “1) Defect in the construction and management of a public structure” under Article 5(1) of the State Compensation Act refers to the state in which the public structure is in a state of failing to have ordinary safety requirements according to its use. The determination of safety requirements should be made on the basis of whether the installer or manager of the public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure.
Article 37(1) of the former Road Act (amended by Act No. 12248, Jan. 14, 2014) provides that “the structure, facilities, maintenance, safety inspection, and repair of a road shall comply with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.” Article 38(1) of the Rules on the Standards for Structure and Facilities of a Road, which is the Ordinance of the Ministry of Land, Infrastructure and Transport, where deemed necessary to prevent traffic accidents, the Minister of Land, Infrastructure and Transport deems it necessary for preventing traffic accidents, protection fences, protective fences, shock facilities, lighting facilities, lighting facilities, speed prevention facilities, road booms, anti-slock prevention facilities, road rail packaging, emergency brakes, safety facilities, pedestrian crossings (including underground crosswalks).
If necessary to prevent traffic accidents, it is necessary to install road safety facilities, such as road safety facilities.
In addition, according to the " Part III Vehicle Safety Facilities Part" among the guidelines for the installation and management of road safety facilities established by the Ministry of Land, Infrastructure and Transport, the entrance entrance quarter, the river protection fence, or the foundation of soundproof walls are connected to the intersections, alternates, connects, etc.