The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Defect in the construction or management of public structures as defined in Article 5(1) of the State Compensation Act means a state in which the public structures do not have safety requirements ordinarily for their use.

However, if a public structure has any defect in its function, it cannot be said that there is a defect in the construction or management. In light of various circumstances such as the use of the public structure, the present state of the installation site, the situation of its use, etc., the determination of whether the construction or manager 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 should be made.

On the other hand, if safety standards are prescribed by the laws or regulations or the internal rules of the administrative agency, they can be a single standard to determine whether there is a defect in the construction or management of public structures.

(2) On the basis of the facts stated in its reasoning, the lower court determined as follows: (a) the instant accident point is located at the point where 3km from the top of the Gasan and the end of the accident area, and is located at the point where 400 meters elapse from the point where the accident occurred, and is at the point where 400 meters elapse from the point where the accident occurred, and (b) when the vehicle from the top of the Gasan and the top of the Gasan passes through the instant accident area, it is highly probable that the speed goes beyond the limit, and that the driver will leave the erode and narrow, and that the vehicle is highly likely to deviate from the erode, and detailed matters concerning the structure and structure of the road as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, other than those prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs).