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All appeals by the plaintiffs are dismissed.
The costs of appeal are assessed against the plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, in addition to further determination of the parties as to the allegations added or emphasized in the trial, and therefore, it is identical to the statement of the reasons for the judgment of the court of first instance.
2. Additional determination
A. 1) According to the Plaintiff’s assertion added or emphasized at the trial, pursuant to Article 10 of the Mobility Disadvantaged Act and Article 25(1) of the Railroad Safety Act and Article 15(1) of the Act on March 13, 2018, etc., the Defendant is legally obligated to install screen fishing or safety fences, etc. on the platform of the instant accident. Even if the Defendant did not have a statutory installation obligation, the Defendant did not install screen fishing or safety fences and did not assign safety personnel despite the likelihood of the occurrence of the accident. However, the Defendant is liable to compensate the Plaintiff for the damages incurred by the defect in the installation or preservation of a structure pursuant to Article 758 of the Civil Act. (2) According to the Defendant’s Framework Act on Railroad Industry, the Minister of Land, Infrastructure and Transport is the subject to establishing safety measures for railroad facilities, and the affairs pertaining to the construction of railroad facilities including facilities that may prevent accidents around the steel are included in the scope of business of the Defendant’s Intervenor, and thus, the Defendant is not liable for the Defendant’s possession of a structure.
Furthermore, there is no statutory obligation to install safety facilities, such as screen and screen, on the platform of the instant accident.
B. The Railroad Safety Act was enacted on October 22, 2004 and came into force on January 1, 2005, and Article 25 (1) and Article 25 (1) of the Addenda of the same Act (1) of the same Act (the safety standards for railroad facilities ① the railroad facility manager shall install railroad facilities in conformity with the safety standards as determined by the Ordinance of the Ministry of Construction and Transportation).