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. The court's explanation of this part of the facts of recognition is the same as the part of "1. Facts of recognition" on the grounds of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 4

2. The court's explanation on this part of the parties' assertion is one of the grounds of the judgment of the first instance.

Since it is the same as the part of the party's assertion, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. The defect in the construction or management of a public structure under Article 5 (1) of the State Compensation Act refers to a state in which the public structure is not equipped with safety ordinarily required for 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 has a defect in its function without being completely in a state. In determining whether the public structure is equipped with safety above, it shall be based on 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 in light of the overall circumstances such as the purpose of use of the public structure in question, the present state of the installation site and the situation of its use. In a case where there is no possibility of expectation and avoidance of damage due to the defect in the function of the public structure objectively and at a time, in other words, the defect in the construction or management of the public structure cannot be acknowledged in a case where the defect in the public structure is under the circumstances where the construction manager is not able

B. (See, e.g., Supreme Court Decision 99Da54004, Feb. 25, 2000).

In light of the above legal principles, the road in which the accident of this case occurred is a public structure managed by a local government under Article 5 of the State Compensation Act as a road used by the public. Thus, the defendant, a local government, should have the road as a public structure ordinary according to its use.