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1. All appeals by the plaintiffs and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
Reasons
1. Basic facts
(a) Hand railing of gambling bridge located as at Jun. 13, 2013 as at the time of Ansan-si means a pedestrian protection fence to prevent pedestrians and bicycles from falling off from a bridge;
In some sections, there were the following forms of drawings, and the construction work of installing a higher rail was in progress.
(unit: m)
B. On June 13, 2013, Plaintiff A: (a) was listed on the studs of a rail and taken photographs as a mobile phone in a dance state on a rail at the studs; and (b) was crashed on a rail at the studs; (c) there is no evidence to prove that Plaintiff A felled upon Plaintiff A’s cellular phone; and (d) there is no evidence to prove it.
of the vertebrates, etc., suffered injuries, such as the closure of the spine part.
(hereinafter referred to as “instant accident”). C.
Plaintiff
B and C are the parents of the plaintiff A, and the defendant is the local government in charge of the management of Park Jong-dae.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The defect in the construction or management of the public structure under Article 5 (1) of the State Compensation Act refers to the defect in the construction or management of the public structure is in the state of not having safety that the public structure has to have for its ordinary use. However, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure does not have a perfect condition and has a defect in its function. In determining whether the public structure has safety above, the person responsible for the construction or management has a duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure, taking into account all the circumstances, such as the purpose of the public structure in question, the present state of the construction site