The duty of care of a person who establishes a play machine in a children's playground;

Children's playgrounds shall be installed as much as possible so as to ensure that children do not fall, fall, or fall, even if they fall, or go beyond, a place established for children who have weak physical or physical skills and lack of due care. If it is technically impossible, they shall not establish such a place.

Article 758 of the Civil Act

Plaintiff 1 et al., Counsel for the defendant-appellee

Seoul Metropolitan Government

Seoul High Court Decision 78Na1823 delivered on October 13, 1978

The judgment below is reversed and the case is remanded to Seoul High Court.

As to the Grounds of Appeal:

As children's playgrounds have developed their body and physical functions and have a place established for children who lack the ability of care, they should be installed safely so as not to be able to do so even if they fall out or go beyond the anticipated to fall out of the play equipment, and if it is not possible to do so, they should not be installed. However, in comparison with evidence, the records of this case are examined, (1) The number of the instant trees is considerably 30% in diameter, eight meters in length, so that they can not take place before, after, after, or after the fact that they cannot take part in the instant case (2) the number of children's injuries would not have been easily able to take part in the instant case (i) the number of children's injuries would not have been able to take part in the instant case, and (ii) the number of children's injuries would not have been able to take part in the instant case (i) the number of children's injuries would not have been able to take part in the instant case, and (ii) the number of children's injuries could not have been found in the instant case.

If so, the court below should have further deliberated in consideration of all the above facts, but the court below rejected the plaintiff's claim on the main part of this case since 10 cent meters of the separation distance between the trees of this case and the ground of this case are safe for children, the court below should have accepted the plaintiff's claim on the main part of this case, which affected the judgment by incomplete hearing, and it is reasonable to discuss this point.

Therefore, the judgment of the court below is reversed and the case is remanded to the court below for a new trial. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)