1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Facts of recognition

The plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A (hereinafter referred to as "Plaintiff vehicle").

원고차량은 2016. 4. 19. 01:00경 경기 양평군 양평읍 오빈리 소재 6번 국도를 따라 주행하던 중 노면에 있던 움푹 파인 곳(이하 “이 사건 포트홀“이라 한다)에 원고차량의 우측 바퀴가 걸리면서 타이어 및 휠과 하체 부분이 손상되는 사고가 발생하였다.

C. On April 25, 2016, the Plaintiff paid KRW 971,210 of the insurance money equivalent to the repair cost of the Plaintiff’s vehicle.

【Defects in the construction and management of public structures” referred to in Article 5(1) of the State Compensation Act, in the event of liability to compensate for damages arising from the respective descriptions or images of Category A through 4 (including paper numbers) and the purport of the entire pleadings, refers to the state in which the public structures offered for public purposes do not have safety ordinarily for their intended use.

In addition, the above safety should be determined on the basis of whether the installer or manager of a public structure has 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. Moreover, financial and material constraints of the installer or manager should also be considered.

Therefore, even in the case of a road which is a public structure, it cannot be readily concluded that there is a defect because it does not have high level of safety to the extent that it maintains perfect state in its construction and management, and it is sufficient to establish a relative safety with expectation of a common and orderly method of use by its users.

(see, e.g., Supreme Court Decision 2013Da208074, Oct. 24, 2013). Meanwhile, the Defendant, who is the installer and manager of the instant road, checks the status of the road in accordance with the Rules on the Maintenance and Repair, etc. of Road, conducts regular and occasional patrols on the road to ensure smooth traffic flow and safety.