[1] The case holding that a local government is liable for damages due to a defect in the installation and management of an underground lane, in case where the first lane is a three-way lane which does not meet the traffic methods under the Road Traffic Act and the distance from the point to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right

[2] The case holding that the retirement age of the female workers at the age of 30 is 30

[3] The case holding that the age limit of 50 is 50

[1] The case holding that, in the case of the installation of the above underground lane, there is a defect that the first line near the median line is a straight line, and the second and third lines are straight lines, and such structure of the road is an exceptional structure that is not consistent with the traffic method under the Road Traffic Act that when all vehicles intend to make a right-hand side when they intend to make a right-hand side through the intersection, and the first place is short of the distance from the passage to the right-hand side of the road, and the driver of the first place is likely to think the above underground lane as a straight line and enter it, and cause an accident, considering that it is possible to cause an accident, the above underground lane is installed, and it is found that there is a defect that the safety of the road is lack in the construction of the above underground lane, and even though the structure of the underground lane is different from the ordinary structure, it is found that there is no installation of the safety facilities such as the straightway sign, etc., and therefore, it is recognized that the local government is liable to compensate for the damages caused by the installation and management of the underground lane.

[2] The case where the injured party's lost income is calculated by deeming the retirement age of the female workers at 30 years of age

[3] The case where the victim's lost income is calculated by considering the age limit of 50 as the remaining employees of the club

[1] Article 5 of the State Compensation Act, Article 22 (1) and / [2] Articles 393, 764, and / [3] Articles 393 and 764 of the Civil Act

Plaintiff 1 and 11 others (Attorney Lee Jae-in, Counsel for the plaintiff-appellant)

Busan-si (Attorney Park Jong-sung et al., Counsel for the plaintiff-appellant)

Incheon District Court Decision 95Gahap4314 delivered on October 24, 1996

Supreme Court Decision 97Da44584 Delivered on December 26, 1997

1. The part of the lower judgment against Plaintiffs 1, 2, 5, 6, and 10 corresponding to the money ordered to be paid in the following shall be revoked:

The defendant shall pay to the plaintiff 1 the amount of 15,892,898 won, 15,492,898 won, 16,067 won to the plaintiff 5, 15,782,067 won, 48,090,308 won to the plaintiff 6, and the amount of 5 percent per annum from October 24, 1995 to August 27, 1997, and 25 percent per annum from the following day to the date of full payment.

2. The defendant's appeal against the plaintiffs and the remaining incidental appeal by plaintiffs 1, 2, 5, 6, and 10 and all incidental appeal by plaintiffs 3, 4, 7, 8, 9, 11, and 12 are dismissed.

3. The costs of appeal between the plaintiffs 1, 2, 5, 6, 10 and the defendant shall be four minutes through the first and second trials, and the remainder shall be borne by the above plaintiffs, and the costs of appeal against the plaintiffs 3, 4, 7, 8, 9, 11, and 12 shall be borne by the defendant, and the costs of appeal against the same incidental appeal shall be borne by the same plaintiffs.

4. Of the disposition of the court below, the plaintiff (name omitted) shall be corrected to 12.

5. The portion of the money under paragraph (1) and Paragraph (1) of the judgment of the court below can be provisionally executed.

The defendant shall pay 71,68,980 won to the plaintiff 1 and 69,893,000 won to the plaintiff 3, and 1,50,000 won to the plaintiff 5, respectively, and 73,026,250 won to the plaintiff 6, 71,230,270 won to the plaintiff 7, and 8 respectively, 1,500 won to the plaintiff 10, 196,247,620 won to the plaintiff 9, 11, and 12 to the plaintiff 9,80,000 won to the plaintiff 3, and 1,50,000 won to the plaintiff 5, from October 21, 195 to the 25,000 annual provisional execution from the day following each of the above amounts.

The part of the judgment of the court below against the defendant is revoked and all of the plaintiffs' claims are dismissed.

The part of the judgment of the court below against the plaintiffs falling under the following shall be revoked. The defendant shall revoke the part against the plaintiffs 1: 32,451,215 won, 32,051,215 won, 32,000 won to the plaintiffs 2, 32,05,175 won, 33,175 won to the plaintiffs 5, 32,685,175 won to the plaintiffs 6, 500 won, 50,000 won to the plaintiffs 7, 10, and 81,635,612 won to the plaintiffs 10, 9, 11, and 12, and 500 won each of the above amounts to the plaintiffs 32,00,000 won to the plaintiff 2, from October 24, 195 to the 25th day of the annual provisional execution.

1. Determination on this safety defense

The reasoning of the judgment in this part is the same as that of the judgment of the court below, and this part is cited.

2. Judgment on the merits

(a) Occurrence of liability for damages;

The following facts are not disputed between the parties, or there is no dispute between the parties, and it can be acknowledged in full view of the entries in Gap evidence 1-1-4, Gap evidence 2-1-4, Gap evidence 4-1-4, Gap evidence 5, Gap evidence 9-1 through 9, Gap evidence 11-1-4, Eul evidence 1-2, Eul evidence 2-1 through 10, Eul evidence 3-1-1 through 10, and the results of the on-site inspection by the court of original judgment, and there is no counter-proof otherwise.

(1) The plaintiffs' status relationships

Plaintiff 1’s father, Plaintiff 2’s mother, Plaintiff 3, and 4’s sibling, Plaintiff 5’s father, Plaintiff 6’s mother, Plaintiff 7, and Plaintiff 8’s sibling, Plaintiff 10’s mother, Plaintiff 4’s mother, Plaintiff 9, Plaintiff 11, and Plaintiff 12’s sibling.

(2) The occurrence of the instant accident

Around 05:00 on October 21, 1995, while under the influence of alcohol of 0.18%, the deceased non-party 1 was in possession of (vehicle number omitted) non-party 2 (25 years old at the time of the accident), the deceased non-party 3 (24 years old at the time of the accident), the deceased non-party 4 (27 years old at the time of the accident) on the front side of the cement-gu Seoul, Seocheon-gu, Seocheon-dong, 776 meters of alcohol content, the vehicle's (vehicle number omitted), and the non-party 2 (20 years old at the time of the accident), who was working at the front side of the Incheon-do, with himself/herself as well as his/her owner, was found to have been in front of the above two-wheeled structure (20 years old at the time of the accident), but it was not found to have been installed in the front side of the cement-dong structure, and it was found to have been in front of the above two-way structure.

(3) The defendant's responsibility for road management

The defendant (Ch., the defendant) is responsible for installing and managing the signal apparatus and safety signs at the location necessary to preserve road structures and ensure smooth traffic flow (Article 24 of the Road Act), the road management agency (Article 22 of the Road Act (Article 52 of the Road Act, which was amended by Act No. 5025, Dec. 6, 1995; hereinafter the same shall apply), which is the management agency of the Shicheon-si, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) where the accident occurred in this case, as well as for installing and maintaining the roads (Article 52 of the Road Act, which is the main office of the defendant). In addition, when it is deemed necessary to prevent danger on the roads and ensure safe and smooth flow of traffic, it shall be responsible for installing and managing the signal apparatus and safety signs (Article 3 of the Road Act (the Road Act, which is amended by Act No. 4872, Jan. 5, 1995).

(4) Whether there is any defect in the installation and management of a vindication underground street

(A) Status and structure of installation;

The vindication underground lane in which the instant accident occurred is the underground lane of the first line set up on the line of the 6rd line border border line, and it is possible to go straight from the Incheon bank to the Seoul bank. However, it is not possible to go straight from the Seoul bank to the Incheon bank, and it is installed to make it possible to make the right straight from the north bank to the north bank of the latitude, and to make the right straight from the north bank to the Incheon bank. The distance from the part where the underground lane begins to the point where the right straight lines begin to the right straight line is about 70 meters, and the cement structure (safety island) with a height of 20 centimeters, a kind of a safety zone, is installed at the right straight line.

(b) Installation defects

The border border road of the point where the above underground level is located is ultimately a straight line between the three straight lines, and the first straight line near the median line becomes a straight line. Such road structure is an exceptional structure that, when all vehicles intend to transfer to the intersection, they should slow down the right edge of the road in advance (Article 22(1) of the Road Traffic Act), it is not consistent with the traffic method under the Road Traffic Act (Article 22(1) of the Road Traffic Act). In particular, vehicle drivers who first pass the above underground road after the passage of the road is short from the point to the right edge, and have entered the above underground road as a straight line, and there is a possibility of causing an accident after they enter the above underground road. In light of the fact that the above underground road is installed, there is a defect in the construction of the above underground road, which lacks ordinary safety to be equipped with the road (the purpose of the above underground road is to be installed from the border road to the right edge of the road to the north, and if there is no need to install it from the Incheon underground road to the 3rd road to the underground passage of Incheon.

(C) Management defects

On the other hand, if the above structure of the underground lane is different from the above structure, the defendant who is in charge of the above underground lane was not only the driver of the first place, but also the above underground lane so that it can easily be seen that the above underground lane cannot be immediately driven even at night, and the driver of the above underground lane was installed on the road surface, and the direction sign and the direction sign and the direction sign are installed on the safety island in the underground lane for the entry drivers without proper viewing of the road marker, and the direction sign and the direction sign and the direction sign were installed on the right-hand road at night, so it is difficult for the defendant to easily know that the above safety signs were installed on the right-hand road at night, and the safety signs installed on the road at the time of the accident to easily see that the above safety signs were installed on the road at night, and the safety signs installed on the road at night, but it is also difficult for the defendant to easily know that the above safety signs were installed on the road at night.

(5) If so, the defendant is responsible for compensating the plaintiffs for damages caused by the accident of this case caused by the defect in the installation and management of the vindication underground tea in accordance with Article 5 (1) of the State Compensation Act.

B. Limitation on liability

On the other hand, according to the above evidence, the deceased non-party 2, 3, and 4, as the workplace crew members of the deceased non-party 1, after completing their duties at the age club, they were negligent in drinking alcohol as with the deceased non-party 1, and neglecting the road sign on the new wall while the deceased non-party 1 was under excessive drinking, and at a rapid speed (restricted speed of the border border road prior to the entry of the underground car is 60 km and it is allowed to go slowly within the underground car) without looking at the road sign. The above non-party 2, 3, and 4 appears to have been playing at the speed of Incheon. In light of the circumstances prior to the accident prior to the accident, the above non-party 1 knew that the deceased non-party 1 was under the influence of alcohol and urged to pay attention, and actively committed such dangerous driving, and in light of the purpose of operation and the principle of equity between the deceased and the driver of the above non-party 1 and the defendant, it is reasonable to reduce the rate of damages to the extent reasonable.

Although the defendant asserts that the above non-party deceased was negligent in failing to wear the seat belt at the time of the accident, it should also be taken into account as well. However, according to the defendant's evidence, there is no evidence to acknowledge that the above non-party deceased did not wear the safety belt at the time of the accident, and in light of the fact that the above vehicle was a roof part of the vehicle's photographs among the non-party 3 of the evidence No. 9, as shown in each image of the vehicle photographs of the accident, and the degree of the damage of the above vehicle and the injury part of the above non-party deceased, regardless of whether the above non-party deceased wear the safety belt at the time of the accident, the result of the accident in this case could not be avoided. Thus, even if the non-party deceased's failure to wear the safety belt at the time of the accident, it cannot be deemed that the above negligence caused the expansion of damage caused by the accident.

3. Scope of damages.

(a) Actual profits;

(1) The deceased non-party 2

The above deceased's loss of lost income equivalent to the monetary total appraised value of the capacity to operate as a result of the instant accident is KRW 151,763,423.

This is based on the evidence Nos. 7 and 13 of this case, the testimony of witnesses of the court below as well as the fact-finding to the National Federation of Korea Entertainment and Food Services, which is an incorporated association of the court below, based on the following facts-finding and evaluation, which are acknowledged as a whole as follows: (a) the results are calculated at the present price at the time of the accident in this case according to the simple interest rate of 5% per month, which deducts intermediary interest at the rate of 12% per month as follows.

(A) Facts of recognition and evaluation

(1) Gender: Female.

Date of birth: May 27, 1970

Age (at the time of an accident): 25 years and 4 months;

Name of rental: 52 years;

Residential area: Seoul, urban area;

(2) Vocational Seoul: An employee has been employed at the Madane club located in Yeongdeungpo-gu, Yeongdeungpo-gu as a shock.

(3) The actual status of income: The monthly average income in the upper club is 2,00,000 won, and the monthly income is 768,834 won (34,947 won x 22) per month as he/she is engaged in urban daily labor which is operated on 22th day of each month after he/she has worked at the upper age club.

(4) Age limit and operation period: The retirement age for female employees of a leisure club is until the end of 30 years of age, and the operation period for an ordinary part-time employee for urban day shall be until the end of 60 years of age.

(5) Cost of living: 1/2 of the income for those who work as female employees, and 1/3 of the income for those who work as female employees thereafter until they reach the age of 60.

(b)period and calculation;

① From the date of the instant accident to the end of 30 years of age: May 26, 2001 (67 months, and the remainder of less than month shall be included in the following period):

gold 2,00,000 won ¡¿ 58.9811 ¡¿ 1/2 =58,981,100 won

(2) Until May 27, 2030 (348 months, less than a month and less than a source as requested by the Plaintiffs, the same shall apply hereinafter):

Gold 768,834 won 】 [240 (as requested by the plaintiffs) - 58.9811] 】 2/3 = 92,782,323 won

(3) Total amount of KRW 151,763,423 ( = ① + ②)

(2) The deceased non-party 3

The above deceased's loss of lost income equivalent to the monetary total appraised value of operating capacity lost by the accident of this case is KRW 154,768,028.

This is based on the evidence Nos. 7 and 13 of this case, the testimony of witnesses of the court below as well as the fact-finding to the National Federation of Korea Entertainment and Food Services, which is an incorporated association of the court below, based on the following facts-finding and evaluation, which are acknowledged as a whole as follows: (a) the results are calculated at the present price at the time of the accident in this case according to the simple interest rate of 5% per month, which deducts intermediary interest at the rate of 12% per month as follows.

(A) Facts of recognition and evaluation

(1) Gender: Female.

Date of birth: February 1, 1971

Age (at the time of an accident): 24 years and 8 months;

Name of rental: 53 years;

Residential area: Seoul, urban area;

(2) Vocational Seoul: An employee has been employed at the Madane club located in Yeongdeungpo-gu, Yeongdeungpo-gu as a shock.

(3) The actual status of income: The monthly average income in the upper club is 2,00,000 won, and the monthly income is 768,834 won (34,947 won x 22) per month as he/she is engaged in urban daily labor which is operated on 22th day of each month after he/she has worked at the upper age club.

(4) Age limit and operation period: The retirement age for female employees of a leisure club is until the date on which 30 years of age ends, and the operation period for the general department for urban day by the date on which he/she reaches the age of 60.

(5) Cost of living: 1/2 of the income for those who work as female employees, and 1/3 of the income for those who work as female employees thereafter until they reach the age of 60.

(b)period and calculation;

① Until January 31, 2002, which is 30 years of age from the date of the accident in this case until the end of 30 years of age (75 months and the remainder of less than month shall be included in the following period):

Gold 2,000,000 won ¡¿ 65.1451 ¡¿ 1/2 = 65,145,100 won

(2) Un February 1, 2031 (348 months): From that date, until February 1, 2031:

Gold 768,834 won ¡¿ [240 (which shall be governed by the provisions as requested by the plaintiffs)-65.1451] ¡¿ 2/3 =89,622,928 won

(3) Total amount of KRW 154,768,028 (= + ②)

(3) The deceased non-party 4

The above deceased's loss of lost income equivalent to the monetary total appraised value of the capacity to operate as a result of the instant accident is KRW 243,257,613.

This is based on the evidence Nos. 7 and 13 of this case, the testimony of Park Jong-soo and the fact-finding to the National Federation Chairperson of the Korea Entertainment and Food Service, which is an incorporated association of the court below, based on the facts and evaluation as follows: (a) it is calculated at the present price at the time of the accident in this case according to the simple interest rate of 5% per month, which deducts intermediary interest at the rate of 12% per month as follows:

(A) Facts of recognition and evaluation

(1) Gender: Southern.

Date of birth: May 30, 1968

Age (at the time of an accident): 27 years and 4 months;

Name of rental: 42 years;

Residential area: Urban Gunpool

(2) Vocational Seoul: The Madtanea Club located in Yeongdeungpo-gu Seoul Metropolitan City has served as a waire.

(3) The actual status of income: The monthly average income in the upper club is 2,00,000 won, and 768,834 won per month (34,947 won x 22) may be earned by engaging in urban daily labor which is operated on 22th day of each month after he/she has worked at the upper age club.

(4) Age limit and operation period: The retirement age for Nabyag clubs shall be until the age of 50 reaches that of 50, and the operation period for the general department for urban day shall be until the age of 60.

(5) Cost of living: 2/5 of income for those who work in the Republic of Korea, and 1/3 of income for those who work in the Republic of Korea from that time until they reach the age of 60.

(b)period and calculation;

(1) From the date of the instant accident to May 30, 2018, which is 50 years of age from the date of the instant accident (the remaining period of less than 271 months and less than month shall be included in the following period):

Gold 2,000,000 won ¡¿ 181.104 ¡¿ 3/5 =217,332,480 won

(2) From that date to May 30, 2028 (120 months):

Gold 768,834 won 】 (231.6905-1104) 】 2/3 =25,925,13 won

(3) Total amount of KRW 243,257,613 ( = ① + ②)

(b) Funeral expenses.

Plaintiff 1, Plaintiff 5, and Plaintiff 10 respectively paid 2,00,000 won (no dispute)

C. Limitation on liability

(1) The defendant's ratio of liability: 50% (refer to the above 1.b.).

(2) mountain.

① The deceased Nonparty 2’s lost income 151,763,423 won ¡¿0.5 =75,881,711 won

② The deceased non-party 3 lost income 154,768,028 won x 0.5 = 77,384,014 won

③ The lost income of Nonparty 4 243,257,613 x 0.5 x 121,628,806 won

(4) Funeral expenses: 2,00,000 won each ¡¿ 0.5 =1,00,000 won

(d) Condolence money;

(1) Reasons for consideration: Ghana, family relations, property and level of education, the background of the accident, the defendant's ratio of liability, and other various circumstances shown in the argument in this case.

(2) Amount of the gold

1. The deceased non-party 2: Gold 5,000,000 won

Plaintiff 1 and 2: each gold 2,000,000

Plaintiff 3, 4: each gold of KRW 500,000

② The deceased non-party 3: gold 5,000,000 won

Plaintiff 5, 6: each gold 2,000,000

Plaintiff 7, 8: each gold of KRW 500,000

3. The deceased non-party 4: gold 5,000,000 won

Plaintiff 10: 3,500,000 won

Plaintiff 9, 11, and 12: 500,000 won, respectively.

(e) Inheritance relationship;

(1) An heir (see the above 1.a. (1))

① The deceased Nonparty 2’s heir Plaintiff 1 and 2 (the inheritance ratio, 1/2)

② The deceased non-party 3’s heir Plaintiff 5 and 6 (each 1/2 of the inheritance ratio)

③ The deceased Nonparty 4’s inheritor 10

(b) Inherited property:

1. The deceased non-party 2: gold 80,881,711 won

= 75,881,711 + 5,000,000 Won for fraudulent data)

2. The deceased non-party 3: Geum 82,384,014 won

= 7,384,014 + 5,000,000 Won for fraudulent data)

③ The deceased non-party 4: 126,628,806 won

(Property damage = 121,628,806 + 5,000,000 won

4. Conclusion

그렇다면, 피고는 원고 1에게 금 43,440,855원{＝(80,881,711원×1/2)＋2,000,000원＋1,000,000원}, 원고 2에게 금 42,440,855원{＝(80,881,711원×1/2)＋2,000,000원}, 원고 3, 4에게 각 금 500,000원, 원고 5에게 금 44,192,007원{＝(82,384,014원×1/2)＋2,000,000원＋1,000,000원}, 원고 6에게 금 43,192,007원{＝(82,384,014원×1/2)＋2,000,000원}, 원고 7, 8에게 각 금 500,000원, 원고 10에게 금 131,128,806원(＝126,628,806원＋3,500,000원＋1,000,000원), 원고 9, 11, 12에게 각 금 500,000원 및 위 각 금원 중 원심에서 인용된 원고 1의 금 27,547,957원, 원고 2의 금 26,947,957원, 원고 3, 4의 각 금 500,000원, 원고 5의 금 28,009,940원, 원고 6의 금 27,409,940원, 원고 7, 8의 각 금 500,000원, 원고 10의 금 83,038,498원, 원고 9, 11, 12의 각 금 500,000원에 대하여는 이 사건 사고일인 1995. 10. 21.부터 피고가 그 이행의무의 존부 및 범위에 관하여 항쟁함이 상당하다고 인정되는 이 사건 원심판결 선고일인 1996. 10. 24.까지는 민법 소정의 연 5푼의, 그 다음날부터 완제일까지는 소송촉진등에관한특례법 소정의 연 2할 5푼의 각 비율에 의한 지연손해금을, 당심에서 인용된 원고 1의 금 15,892,898원(＝43,440,855원－27,547,957원), 원고 2의 금 15,492,898원(＝42,440,855원－26,947,957원), 원고 5의 금 16,182,067원(＝44,192,007원－28,009,940원), 원고 6의 금 15,782,067원(＝43,192,007원－27,409,940원), 원고 10의 금 48,090,308원(＝131,128,806원－83,038,498원)에 대하여는 이 사건 사고일 이후로서 위 원고들이 구하는 1995. 10. 24.부터 피고가 그 이행의무의 존부 및 범위에 관하여 항쟁함이 상당하다고 인정되는 이 사건 당심판결 선고일인 1997. 8. 27.까지는 민법 소정의 연 5푼의, 그 다음날부터 완제일까지는 소송촉진등에관한특례법 소정의 연 2할 5푼의 각 비율에 의한 지연손해금을 각 지급할 의무가 있다 할 것이므로, 원고들의 이 사건 청구는 위 각 인정범위 내에서 이유 있어 이를 인용하고 나머지 청구는 이유 없어 이를 기각할 것인바, 원심판결 중 원고 1, 2, 5, 6, 10에 대한 부분은 이와 결론을 일부 달리 하여 부당하므로 위 원고들의 부대항소를 일부씩 받아들여 원심판결 중 위 원고들에 대한 해당 부분을 취소하여 피고로 하여금 그 지급을 명하고, 피고의 위 원고들에 대한 항소와 위 원고들의 나머지 부대항소는 모두 이유 없어 이를 기각하며, 원심판결 중 나머지 원고들에 대한 부분은 이와 결론을 같이 하여 정당하고 피고의 나머지 원고들에 대한 항소와 나머지 원고들의 부대항소는 모두 이유 없어 이를 기각하기로 하며, 원심판결의 주문 제1항 중 원고 ' (이름 생략)'은 ' 12'의 오기임이 명백하므로 이를 경정하고 가집행선고를 붙이기로 하여 주문과 같이 판결한다.

Judges Lee Jin-young (Presiding Judge) Gangwon-gu et al.