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1. All appeals filed by plaintiffs A, B, and C and the defendant are dismissed.
2. The costs of appeal shall be borne respectively by each party.
Reasons
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 adding the following matters to the final conclusion of the judgment of the court of first instance, and therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional parts of the trial;
5. The defendant asserts that the road of this case has been used as a general road for about 20 years, but there was no accident of human life, and that it has been equipped with necessary protective measures such as installation of concrete bricks with a height of about 43 cm so that vehicles and pedestrians do not fall under the retaining wall, so there was no defect of the road.
However, as indicated in [Attachment 3] Article 50 of the former Road Act (amended by Act No. 12976, Jan. 6, 2015) and Article 48 of the former Rules on the Standards for Structure and Facilities of Roads (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 223, Jul. 7, 2015) (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 69, Feb. 14, 2014) of the Guidelines for the Installation and Management of Road Safety Facilities (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 69, Feb. 14, 2014) as stated in the “related Acts and subordinate statutes, etc.,” the road management authority should install a “ pedestrian protection fence” in order to prevent pedestrians from falling down on the road surface, and the design of the pedestrian protection fence should design the road on the upper part of the road in order to prevent the falling of pedestrians, etc. from falling out of the road, and design the road at least 980N/30km/70 meters.
In light of the circumstances surrounding the road of this case, the road of this case, in principle, requires the installation of pedestrian protection fences in the old Road Safety Facilities Installation and Management Guidelines.