The person responsible for any accident that happens by opening the entrance of a train in progress.

Even if the crew's order was issued to close the entrance door at the launching of the train, in light of the fact that the passengers can freely open and close the entrance, if the accident train's failure to provide several guidances, danger warning broadcasts, etc. were done, but the victim's failure to take care of it without fault, it cannot be said that the victim's fault was caused by the reason attributable to the country.

Article 750 of the Civil Act

[Judgment of the court below]

Korea

Seoul High Court Decision 86Na1134 delivered on October 28, 1986

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

As to the Grounds of Appeal:

The judgment of the court below is justified in holding that the accident of this case occurred when the non-party, who is the victim, started the river station and got 100 meters away from the river station, and then late, and that the victim cannot be deemed to fall on the track because it is unknown for the victim to view the excessive leakage of the steam while leaving the train without permission, such as the accident that occurred in the train where the danger warning broadcasting at the time of the judgment of the court below was neglected and the accident occurred without permission, and the victim cannot be deemed to fall on the track, and there is no error of misconception of facts due to violation of the rules of evidence, such as the theory of lawsuit, etc.

In addition, it is true that the court below ordered crew to close the entrance door at the launching of the train on the premise of such fact-finding, but the original entrance is allowed for passengers to freely open and close the entrance, and despite the fact that the passenger's service of the accident train has been conducted several times of information broadcasting and risk warning broadcasting, etc., the accident of this case is disregarded by the victim, and the accident of this case is determined to be caused by the defendant's negligence, and it cannot be said that it was caused by the defendant's fault, and it is also acceptable, and there is no error of law by misunderstanding the legal principles on the responsibility of the carrier, such as the theory of lawsuit.

All arguments are without merit, and this appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)