1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to Benz E250 Automobiles (hereinafter “instant automobiles”) and the Defendant is a manager of national highways No. 47.

나. A는 2015. 8. 2. 11:45경 이 사건 자동차를 운전하여 포천시 내촌면 내촌중학교 앞 47번 국도를 진행하던 중 그 노면의 움푹 파인 곳(이하 ‘이 사건 포트홀’이라 한다)을 지나면서 이 사건 자동차의 타이어와 휠이 손상되는 사고(이하 ‘이 사건 사고’라 한다)를 당하였다.

C. On August 31, 2015, the Plaintiff paid KRW 904,00 as repair cost for the instant accident.

[Ground of recognition] Facts without dispute, entry or video of evidence A1 to 7, testimony of witness A at the trial, purport of the whole pleadings

2. Determination

A. “Defects in the construction and management of public structures” under Article 5(1) of the State Compensation Act refer to the state in which the public structures offered for public purposes do not have ordinary safety requirements depending on their purposes.

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 is a manager of the instant road, who is a manager of the instant road, and the rules on the maintenance and repair of the road.