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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
Reasons
1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, as stated in Article 420 of the Civil Procedure Act.
2. The gist of the plaintiffs' assertion is that the defendant is responsible to manage the road of this case, which is a public structure, so that the defendant does not cause any accident, such as removing sand for snow removal scattered in the winter, and extinguishing bicycles, etc.
Nevertheless, as the Defendant did not properly manage it and neglected it, the bicycle operated by the Plaintiff A was cut off by sand on the instant accident, and the instant accident occurred.
Therefore, since the accident of this case occurred due to the defect in the management of the road of this case, the defendant is obligated to compensate the damages suffered by the plaintiffs due to the accident of this case pursuant to Article 5 of the State Compensation Act.
3. Determination
A. "Defects in the construction and management of a public structure" in Article 5 (1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily required for the public purpose. In the construction and management of a public structure, defects in the construction or management of the public structure cannot be deemed as defects in the construction or management of the public structure on the ground that it does not have a high level of safety to the extent that it always maintains a perfect state of integrity. The degree of duty to take protective measures imposed on the installer or manager of the public structure refers to the level generally required in proportion to the danger of the public structure. Thus, in the case of a road as a public structure, it is sufficient to have a relative safety in which the method of use in the ordinary and orderly manner is expected by the person who installs and manages the public structure, taking into account the relationship with the public structure as well as the financial, human and physical constraints
Supreme Court Decision 200Hun-Ga40 delivered on April 25, 2000