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(영문) 청주지방법원 2018.09.06 2017가단105814
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the spouse of the deceased D (Ears; hereinafter “the deceased”), and Plaintiff B and C are the offsprings of the deceased. Defendant Chungcheongbuk-do is the managing authority of the new Yancheon-gun, which flows through a “private valley in the Changcheon-do, Changcheon-do, Chungcheongnam-do” and Defendant Yansan-gun is the local government delegated by Defendant Chungcheongbuk-do.

B. At around 12:10 on June 12, 2014, the Deceased came to fall down from the mountain club of the workplace, after completing a mountain mountain light at the mountain club of the workplace, with the shop rent, and then, the Deceased came to fall into water at a place where the depth of the water depth is deep at 14:40 while the Deceased went to the abscopic valley of the workplace.

hereinafter referred to as "the accident of this case"

(C) The deceased et al. found the deceased in the physical speed between 20 to 30 minutes, but did not discover the deceased, and eventually, the 119 rescue team members dispatched after receiving a report at around 15:16, who discovered the deceased at a point of 16:10 square meters of the depth of the body and sent the deceased to the hospital after cardiopulmonary resuscitation, but died. [Grounds for recognition] There is no dispute, Gap 1 and 2 evidence (including the temporary number; hereinafter the same shall apply)

3.3 5 5 5 5 5 6 6

2. Determination:

A. The defendants asserted that the accident of this case occurred due to the defects in the management of the defendants, such as not being assigned safety management personnel to prevent the accident in advance and not equipped with the rescue equipment, although they are well aware that the depth of the location of the accident of this case is rapidly deepened as the managing body of the private valleys where the accident of this case occurred, or that the accident of this case occurred frequently. The defendants are liable to compensate the plaintiffs for the damages of the deceased and the damages of the plaintiffs who are their bereaved families pursuant to Article 5 (1) of the State Compensation Act.

B. "Defects in the construction or management of public structures" under Article 5 (1) of the State Compensation Act means the defects in the relevant legal doctrine.

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