(영문) 서울중앙지방법원 2014.4.29.선고 2013나39826 판결

The defendant shall pay to the plaintiff 6,089,541 won with 5% interest per annum from September 14, 2012 to April 29, 2014, and 20% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining appeal is dismissed.

3. The total costs of the lawsuit shall be borne individually by each party.

4. The payment of money under paragraph 1 above may be provisionally executed.

Purport of claim and appeal

The judgment of the first instance shall be revoked, and the defendant shall be 15,298,470 won and the father of September 14, 2012 for the plaintiff.

ter 5% per annum until the service date of a copy of the complaint of this case, and 5% per annum from the next day to the day of complete payment.

20% interest shall be paid in 20% interest.

Reasons

1. Facts of recognition;

A. The Plaintiff is the first-class visually disabled person 1).

2) The Defendant, a railroad facility, is a transportation business entity under the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons, as a manager of a train operating and managing the suburban railroad facility and the suburban railroad facility.

B. On September 14, 2012, the Plaintiff: around 07, 2012, 1: the Plaintiff: (a) went through the opening hole after his mother arrived at the opening, and (b) went to the Incheon Scenic Station (the height of the platform is 1.7 meters from the line; hereinafter referred to as “the platform of this case”). (b) around 07:48, the Plaintiff was waiting to enter the platform of this case on the top of the stairs of Incheon at around 7:5: the Plaintiff was waiting to stop on the platform of this case at around 1:5:5: the Plaintiff was waiting to move to the platform of this case; and (c) the Plaintiff was waiting to stop on the platform of Incheon at around 8:4:0, the Plaintiff was working on the platform of Incheon at the time of the collision. (d) At that time, the Plaintiff was working on the platform of Incheon at the front of the platform of this case; and (e) the Plaintiff was working on the platform of Incheon.

5) The Plaintiff suffered from the injury of six weeks in total amount of 6 weeks in the face of the instant accident, such as the aggregate 3 and 4 w levers at the left-hand side, the left-hand w w flevers and flevers, dym dym salm salm salm salm salm salm salm salm salm salm salm salm salm salm salm salm salm salm salm salm ssalm

C. Status of the platform, etc. of the instant case at the time of the instant accident

1) The platform of the sub-committee is set up outdoor, and is composed of two platforms (the platform of this case and the required room platform), all of which are set up four lines. The platform of the sub-committee is owned by the Korea Rail Network Authority. The defendant manages sub-committee platforms entrusted by the Korea Rail Network Authority.

3) On the platform of this case, braille blocks are installed, and steel safety fences are installed in the remainder of the section except boarding equipment, and there was no particular defect in the braille block and the safety fences installed at the time of the accident.

4) On the platform of the instant case, screeners (the entrance doors for getting on and off a train connected with the train entrance are not installed.

5) At the time of the instant accident, there was no Defendant’s safety personnel, including members of the substigious station or public interest service personnel.

6) At the time of the instant accident, Taegi Station approach a train to a certain distance from the platform: A train entry guidance broadcast was automatically cut onto the platform; and the train entry guidance broadcast was sent from the platform to the platform; a train was equipped with an automatic guidance broadcast system that requires approximately one to two minutes of the train from the train to the platform; (a) the train’s operation line and the entrance and exit of the train at the time of the instant accident did not inform the entrance of the entrance when the entrance is opened (the train operating the Taegi Station or Taegi Station did not completely arrive at the train, and the entrance and exit of the train was opened). The details of the guide broadcast sent to the platform at the time of the instant accident and the situation of the arrival of the train are as follows.

○○ Access Guidance Broadcasting (07:47) for the necessary mountain trains (07:00) “At present, the train is entering the necessary mountain and required mountain Ga. There are several customer minutes thicknesss, and the main time is “(the plaintiff did not hear the above Guidance Broadcasting).”

○○ Access Guidance Broadcasting (07:48) for the Round of the Incheon Track (07: 48) “I now enter the train, Incheon and Incheon Ga. The thickness of various customer minutes is one walk, and the main time is (the plaintiff was the above Guidance Broadcasting before the accident in this case).

○ The arrival of the train in the necessary mountain (07:48) (No. 07: 48) (The plaintiff saw noise paid by the plaintiff at the opposite platform of the platform of this case, when the plaintiff arrived at the Incheon PP train, as noise paid by the plaintiff).

○ The occurrence of the instant accident (07:48)

○ Arrival of the Incheon Track (07 : 49 )

7) Kim Jong-jin and Hong-jin did not participate in the dispatch to the accident site of this case, and they moved to the way that the plaintiff was forced to walk without using the moving time of this case.

8) Since the Shin Young-dong, Co., Ltd., Ltd., working for visually impaired persons in the vicinity (Song-dong, Yangju-dong), the frequency of use of the visually impaired persons is relatively high. On April 3, 2012, a few months prior to the occurrence of the instant accident, there was an accident involving limited use by class 1 visually impaired persons working in the relevant platform, which was sufficient from the instant platform to fall into the line, and there was a lot of situation where the Incheon Plow-dong trains and the required mountain trains arrive at a point similar to the opposite to the instant platform.

[Grounds for Recognition] Unsatisfy, Gap 1 to 11, Eul 1 to 13 (including each number)

each entry, video, and the purport of the whole oral proceedings;

2. Related statutes;

▣ 장애인복지법 시행규칙 제2조 ( 장애인의 장애등급 등 )

(1) Disability ratings of persons with disabilities under Article 2 (2) of the Enforcement Decree of the Welfare of Disabled Persons Act are as listed in attached Table 1.

[Attachment 1] Disability Rating for Persons with Disabilities (Related to Article 2)

3. A person who is not more than 0. 02 in this regard (referring to what has been measured by an officially recognized visual chart, and with respect to persons who have excavations or more, it shall be based on the maximum corrected eyesight); and

▣ 철도산업발전기본법 제3조 ( 정의 )

The definitions of terms used in this Act shall be as follows:

2. The term "railroad facilities" means facilities (including sites) falling under any of the following items:

(a) Railroad tracks (including facilities ancillary to railroad tracks), station facilities (including distribution facilities, transfer facilities, convenience facilities, etc.) and buildings and building facilities for railroad operation;

3. The term "railroad operation" means railroad-related operations falling under any of the following items:

(a) Transportation of railroad passengers and freight;

(b) Maintenance of rolling stock and operational management of trains;

4. The term "rolling stock" means power vehicles, passenger cars, freight cars, and special cars manufactured for the purpose of operating railroad tracks;

9. The term "railroad facility manager" means a person who performs duties pertaining to the construction, management, etc. of railroad facilities and who falls under any of the following items:

(a) The management agency as prescribed in Article 19;

(b) The Korea Rail Network Authority established under Article 20 (3). A person granted a right to manage railroad facilities under Article 26 (1);

(d) A person who vicariously executes, delegates, or entrusts the management of railroad facilities by a person under items (a) through (c);

10. The term "railroad operator" means persons who perform duties concerning railroad operation, such as the Korea Railroad Corporation established under Article 21 (3), etc.;

▣ 철도안전법 제4조 ( 국가 등의 책무 )

(1) The State and local governments shall prepare and faithfully implement railroad safety measures to protect the lives, bodies, and property of the people.

(2) When a railroad operator or railroad facility manager (hereinafter referred to as "railroad operator, etc.") operates a railroad or manages snow in a railroad, he/she shall take measures necessary for railroad safety, as prescribed by statutes, and actively cooperate in the railroad safety measures implemented by the State or a local government.

Article 60 (Measures in Case of Railroad Accidents, etc.)

(1) When a railroad accident or operational failure (hereinafter referred to as "railroad accident, etc.") occurs, the relevant railroad operator, etc. shall take measures necessary to minimize the damage to human lives and property and to operate trains normally, such as providing assistance to casualties, managing articles left behind, transporting passengers, restoring railroad facilities, etc.

▣ 장애인차별금지 및 권리구제 등에 관한 법률제1조 ( 목적 )

The purpose of this Act is to realize dignity and value as human beings through full social participation of persons with disabilities and the realization of equality by preventing discrimination based on disability in all living areas and effectively remedying the rights and interests of persons with discrimination based on disability.

Article 2 (Disabilitys and Disabled Persons)

(1) A disability which is a ground for a discriminatory act prohibited under this Act means a physical or mental impairment or loss of function that substantially restricts an individual's daily or social life for a long time.

(2) Persons with disabilities referred to in paragraph (1) means persons with disabilities.

Article 4 (Discriminatory Acts)

(1) A discrimination prohibited under this Act means any of the following cases:

3. Refusing to provide legitimate convenience to the disabled persons without justifiable grounds;

(2) "Justifiable convenience" in paragraph (1) 3 means all human and physical means and measures, such as convenience facilities, facilities, tools, and services, so that the disabled persons may participate in the same activities on an equal basis with persons without disabilities, taking into account the gender of the disabled persons, the type, degree, characteristics, etc. of their disabilities.

(3) Notwithstanding paragraph (1), where any of the following justifiable grounds exists, such act shall not be deemed a discrimination:

1. Where there is an excessive burden or significant difficulty in preventing a discriminatory act prohibited under paragraph (1);

(4) aggressive measures taken in this Act, other Acts and subordinate statutes, etc. to realize substantial equality rights for, and to rectify discrimination against, persons with disabilities shall not be deemed discrimination under this Act.

Article 19 (Prevention of Discrimination in Means of Moving, Transportation, etc.)

(1) No transportation business operator (hereinafter referred to as "transport business operator") and transportation administrative agency (hereinafter referred to as "transportation administrative agency") under subparagraphs 5 and 6 of Article 2 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons may restrict, exclude, separate or reject the disabled persons in accessing and using means of mobility, transportation, etc.

(4) Each transportation business operator and transportation administrative agency shall provide legitimate convenience necessary to allow the disabled persons to use means of mobility, transportation, etc. on an equal basis with persons without disabilities so that they can walk and use safely and conveniently.

▣ 교통약자의 이동편의 증진법 제1조 ( 목적 )

The purpose of this Act is to contribute to the promotion of social participation and welfare of mobility disadvantaged persons by expanding convenient mobility equipment in the means of transportation, passenger facilities and roads and by building a transportation system centered on persons by improving the pedestrian environment so that mobility disadvantaged persons may move safely and conveniently.

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "mobility disadvantaged persons" means persons who feel inconvenience in mobility in their daily lives, such as persons with disabilities, the aged, pregnant women, persons accompanied by infants, children, etc.;

2. The term "means of transport" means any of the following means of transport used for the transportation of people:

(b) Vehicles used for the operation of urban railroads under subparagraph 1 of Article 3 of the Urban Railroad Act;

3. The term "passenger facilities" means any of the following facilities or artificial structures provided for the use of passengers' means of transportation:

C. 5. The term “transport business entity” means a person who operates and operates a means of transport or installs and operates passenger facilities by obtaining a license, permit, authorization, entrustment, etc. from a transportation authority in accordance with relevant Acts and subordinate statutes, such as the Passenger Transport Service Act, the Urban Railroad Act, the Railroad Service Act, the Aviation Act, the Aviation Act, the Harbor Act, and the Marine Transportation Act;

In order to be guaranteed the right to pursue the dignity, value, and happiness as a human being, mobility disadvantaged persons shall have the right to use all means of transportation, passenger facilities, and roads used by persons other than mobility disadvantaged persons in a safe and convenient manner without discrimination.

Article 4 (Responsibilities of State, etc.) The State and local governments shall formulate and implement policies to ensure convenient use of means of transportation and passenger facilities and to improve the pedestrian environment so that mobility disadvantaged persons may move safely and conveniently.

Article 5 (Duties of Transport Business Operators, etc.)

(1) Transport business entities shall observe standards to install convenient mobility equipment prescribed by this Act and continuously endeavor to improve services to mobility disadvantaged persons in order to enhance the transportation convenience of mobility disadvantaged persons.

Article 17 (Provision of Information on Use of Transport, etc.)

(1) Transport business entities shall provide information on the use of transportation, such as guidance so that mobility disadvantaged persons may conveniently use the means of transportation, passenger facilities, or convenient mobility equipment, and convenience related to the use of transportation, such as sign language and interpretation services (hereinafter referred to as "information on the use of transportation, etc."), as prescribed by Presidential Decree.

(3) Matters necessary for the provision, operation standards, and other matters of traffic information shall be prescribed by Ordinance of the Ministry of Land, Infrastructure

▣ 구 교통약자의 이동편의 증진법 시행령 ( 2012. 11. 27. 대통령령 제24208호로 개정되기 전의 것. 이하 같다 )

Article 15 (Types of Information on Use of Transport, etc.)

(1) Transport business operators operating and operating the means of transport under Article 11 shall provide the mobility disadvantaged persons with information on routes, fares, operation or navigation under Article 17 (1) of the Act.

(2) Transport information that a transport business operator who installs and operates passenger facilities under Article 11 shall provide mobility disadvantaged persons with pursuant to Article 17 (1) of the Act shall be as follows:

1. Information on routes, fares, operation or navigation;

2. Information on guidance for leading other places, places to be set up and leaving, etc.;

3. Information on the location of convenient mobility equipment, such as an elevator, escalator, etc.;

4. Information on the optimal route through which convenient mobility equipment can be avoided;

▣ 교통약자의 이동편의 증진법 시행규칙 제2조 ( 이동편의 시설의 세부기준 )

(1) Detailed standards for the structure, materials, etc. of convenient mobility equipment to be installed by target facilities under Article 10 (2) of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons shall be as specified in attached Table 1.

[Attachment 1] Detailed standards for the structure, materials, etc. of convenient mobility equipment (related to Article 2(1)

2. Passenger facilities;

(p) On the platform (vi) platform of a railroad station, an urban railroad station, or a metropolitan railroad station, a rail rail station, or a metropolitan railroad station shall be installed with a screen, a rail railer, a safety pen, etc.

▣ 도시철도건설규칙 제30조의2 ( 승강장의 안전시설 )

(1) Each platform shall install safety facilities falling under any of the following subparagraphs in order to prevent safety accidents of passengers:

1. Safety fences;

2. Equipment of the entrance door for getting on and off which is open in conjunction with the front door of the train (hereinafter referred to as "curbing door").

3. The parties' assertion

A. The plaintiff's assertion

At the time of the instant accident, the instant platform did not have screen air, and did not have a broadcast to prevent misconceptions of the trains arriving in, and did not have any safety personnel of the Defendant. Since the instant accident occurred due to the Defendant’s breach of duty of care, such as the Defendant’s employees’ failure to take emergency measures against the Plaintiff, and the damages therefrom were expanded, the Defendant is liable to compensate the Plaintiff for the damages incurred by the instant accident.

B. Defendant’s assertion

The instant accident is an accident entirely caused by the Plaintiff’s negligence, and the Defendant fulfilled its duty of care to ensure the safety of the platform of this case in accordance with the relevant statutes, and thus, the Plaintiff’s claim of this case is unreasonable.

4. Occurrence of liability for damages;

A. 1) On the premise of determination, the Defendant: (a) as a transportation business entity engaging in the business of transporting goods or passengers on land; (b) as between the Plaintiff and the Defendant, concluded a passenger transportation contract stipulating that the Defendant will transport the Plaintiff to the destination when the Plaintiff passes the entrance; (c) however, there is no specific passenger transportation contract concluded between the Plaintiff and the Defendant, but the transport itself entails risk to human life and body; (b) the State and local governments shall prepare and faithfully implement railroad safety measures to protect the lives, bodies and property of the disabled; and (c) the “railroad operators and railroad facility managers” shall take necessary measures to ensure the safety of railroads, as prescribed by Acts and subordinate statutes; and (d) the State and local governments shall actively cooperate with the State and local governments to ensure the safety of the transportation convenience of the disabled; and (e) to ensure the safe and efficient operation of transportation convenience of the disabled, including transportation convenience and transportation convenience of the disabled; and (e) to ensure that the State and local governments are obliged to take necessary measures to protect their respective transportation convenience, such as rescue and transportation convenience; and (e.

4) On the other hand, iron is a means of public transportation using a large number of passengers under the influence of the people, and the height of the platform is at least 1.1m from the line, and in the event of an accident that the passengers fall into the line, it is highly probable that the passengers are injured, and it is not easy for passengers to immediately open the platform. On the other hand, compared to a vehicle, the train is a driving distance, and the accident leads to fatal results, such as death or serious injury. Accordingly, the defendant managing the platform of the sub-committee as a passenger is obliged to pay a duty of due care to prevent the fall of the platform and to minimize the damage of human life in the event of the crash of passengers.

B. Determination

In this paper, I will examine the violation of the defendant's duty of care alleged by the plaintiff by item.

1) In order to prevent a fall accident compared with screen shield, safety fences are insufficient (this case’s safety fences are not naturally installed on a train, so it is more so as to prevent a fall accident that occurs in the part on board as seen in the instant case’s) and the platform of almost all the steel stations managed by the Seoul Metropolitan Government Urban Railroad Corporation and the Seoul Metropolitan Government Urban Railroad Corporation. Of the history of the steel stations in the Seoul Metropolitan area’s management, it is common trend to install screen shields on the platform of the previous history stations such as those installed with screen shield, etc. However, Article 2(1) and [Attachment 1] 2 of the Enforcement Rule of the Act on Promotion of the Transportation Convenience of the Mobility Disadvantaged Persons, while Article 2(1) and 2(6) of the width of the mobility disadvantaged Persons provides that “this case’s safety facilities shall not be installed on the screen pent, rail pent, rail pent, rail pent, urban railroad railroad station, etc., which are not installed by the Defendant, to prevent the Plaintiff’s safety facilities from being installed on the platform and platform.

2) It is difficult to view the Defendant’s duty to use the Plaintiff’s platform, including safety personnel and public interest service personnel, to view that the Defendant did not have a screen on the platform of this case; the noise of the train, including the open platform, could not accurately know which the visually impaired arrive at any of the tracks; in the case of the sub-surgical station, there are many cases where the Incheon Purgical train arrives at a similar time on the platform; and even before several times the instant accident occurred, it is relatively high frequency for visually impaired to use the sub-surgical station; thus, it is difficult to view the Defendant’s duty to take emergency measures against the Plaintiff’s non-surgical platform at least to view that the Plaintiff’s non-surgical platform did not have an obligation to take safety measures against the Plaintiff’s non-surgical platform at the time of the instant accident; and thus, it is difficult to view the Plaintiff’s non-surgical platform’s non-surgical or non-surgical platform’s non-furg.

4) Sub-decisions

The defendant violated his duty of care as stated in the above 2) and 3 with respect to the accident of this case. This can be deemed to have caused the occurrence of the accident of this case and the expansion of damages resulting therefrom. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff of this case.

C. Limitation on liability

However, according to the above facts, the accident in this case is deemed to have arrived at the train even though the train did not arrive, and the eroxing towards the track without confirming the arrival of the train by stick, etc. It can be deemed to have occurred by the plaintiff's negligence. In light of the various circumstances shown in the argument in this case, such as the fact that the plaintiff did not accompany the disabled guide even though there was a guide dog, and that the plaintiff did not request the defendant's assistance to the service center, etc. before the accident in this case occurred, the ratio of the plaintiff's responsibility for the accident in this case is recognized to be 70%, and accordingly, the defendant's responsibility for the accident in this case is limited to 30% of the total amount of damages.

5. Scope of damages.

(a) Property damage;

The Plaintiff received medical treatment from September 14, 2012 to October 4, 2012 due to the instant accident and recognized KRW 89,541, which is equivalent to 30% of the Defendant’s liability ratio, out of KRW 298,470 as medical expenses, as the Plaintiff’s damages.

(b) consolation money;

In light of the empirical rule, all citizens have dignity and value as human beings and have the right to pursue happiness (Article 10 of the Constitution), have the right to live a decent life (Article 14 of the Constitution), and have the right to live a life worthy of human beings (Article 34(1) of the Constitution). Although legislative measures have been taken such as the Act on the Prohibition of Discrimination against Persons with Disabilities, the Protection of their Rights, etc., and the Act on the Promotion of the Transportation Convenience of Mobility Disadvantaged Persons to substantially realize human rights guaranteed by the Constitution for the physically handicapped, there are still many difficulties in the process of using public transportation means by the physically disabled persons, even though such legislative measures have been taken in order to substantially realize human rights guaranteed by the Constitution, and under these circumstances, it is obvious in light of the empirical rule that the plaintiff's negligence was high, even though the plaintiff was caused by the accident of this case, and thus, the defendant is obliged to pay consolation money for mental distress suffered by the plaintiff, the background of the occurrence of the accident of this case, the degree of injury suffered by the plaintiff, and all other circumstances revealed in this case.

6. Conclusion

Therefore, the defendant is obligated to pay damages to the plaintiff amounting to 6,089,541 won ( = 89,541 won for property damage + solatium 6,00,000 won) and damages for delay from September 14, 2012, the date of the accident in this case, to April 29, 2014, which is the date of the ruling of the court of first instance, to the date of the decision of the court of first instance, that it is reasonable for the defendant to dispute whether or not the defendant is liable to perform the duty, and to pay damages for delay at the rate of 5% per annum as stipulated in the Civil Act until April 29, 2014, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Accordingly, the plaintiff's claim can be accepted within the scope of the above recognition, and the remainder of the judgment of the court of first instance is unreasonable. Accordingly, the part of the judgment of the court of first instance is revoked, and the plaintiff's against the defendant.

Judges

Judges Park Jong-dae

Judges Kang Jae-sung

Judges Southerncheon-gu

Note tin

1) The eyesight of a good eye (referring to what is measured by an officially recognized visual chart, and with respect to a person who has a clify infy, on the basis of the maximum corrected eyesight.

0.02 or less persons are applicable thereto. Attached Table 1 of Article 2(1) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities

2) The Plaintiff was accompanied by a disabled guide dog when going out of the country. On the day of the instant accident, the Plaintiff did not accompany a disabled guide dog.

심급 사건

-서울중앙지방법원 2013.7.3.선고 2012가소1363047

서울중앙지방법원 2014.4.29.선고 2013나39826

참조조문

-교통약자의 이동편의 증진법

-교통약자의 이동편의 증진법 제1조

-교통약자의 이동편의 증진법 제2조 제5호

-교통약자의 이동편의 증진법 제10조 제2항

-교통약자의 이동편의 증진법 시행규칙 제2조

-교통약자의 이동편의 증진법 시행규칙 제2조 제1항

-교통약자의 이동편의 증진법 시행령

-대한민국헌법