The significance and contents of defects in the construction and management of public structures under the State Compensation Act;

In the construction and management of public structures up to the State Compensation Act, a defect in the construction and management of the public structures refers to the state where the public structures are in a state of the nature or installation that the public structures originally have to be equipped, and in the installation of a shooting range in a military unit, the thickness of 150 centimeters or more so that the embankment may not be excavated from the shooting range, and the depth of the embankment is much higher than the average height of the people of the Republic of Korea, if the public structures were installed and managed at a level of 185 centimeters or more than the average height of the people of the Republic of Korea, it cannot be said that there is a defect in the installation and management of the embankment or embankment, since it is deemed that it is safe under

Article 5 of the State Compensation Act, Article 758 of the Civil Act

66Da1713 decided Oct. 15, 1966 (Supreme Court Decision 1024 delivered on Feb. 21, 1967; Supreme Court Decision 15Da1724 delivered on Feb. 15, 196; Decision 66Da1713 delivered on Oct. 15, 196 (Supreme Court Decision 129 delivered on Oct. 129; Decision 5Da687 delivered on Oct. 1, 1967)

Plaintiff 1 and three others

Korea

Seoul Central District Court (67Ga3457) in the first instance trial (Supreme Court Decision 67Da3457)

(1) The part against the defendant in the original judgment shall be revoked.

(2) The plaintiffs' claims are dismissed.

(3) The costs of lawsuit are assessed against the plaintiffs in both the first and second instances.

The defendant shall pay to the plaintiff 1 an amount equivalent to 1,387,936 won, 793,968 won to the plaintiff 2, 3, and 4 an amount equivalent to 100,000 won per annum from November 23, 1966 to the full payment.

The judgment that the lawsuit costs should be borne by the defendant and the declaration of provisional execution were sought.

The same shall apply to the order.

(1) In full view of the contents of No. 1, No. 4-1, and Non-Party 1’s testimony and the result of inspection of the lower court, etc., the Defendant Republic of Korea shall install a shooting range of No. 7 jointly and severally on the surface of YY and shall have several strings installed and managed within the 5-year training plan for the first time, the number of soldiers belonging to the Army No. 77 group No. 2 was 86, Nov. 22, 1966, 60 for each Article under the control of the second half of the 20-year training plan, and the size of the 5-year fire-fighting gun No. 300,000 and the size of the 5-year fire-fighting gun No. 300,000,000 for which the 5-year fire-fighting gun No. 1, and the size of the 5-year fire-fighting gun No. 40,000.

(2) However, the plaintiffs asserted that the above accident was caused by the defendant's defect in the construction and management of the above identification code, which is a public structure. Thus, the plaintiffs' parents and grandparents of the above non-party deceased claimed compensation for damages (i.e., property damage suffered by the above non-party deceased and consolation money for mental suffering suffered by the plaintiffs) caused by the above accident pursuant to Article 3 of the State Compensation Act as the plaintiff's parents and grandparents of the above non-party deceased, the defendant argued that the above accident was caused solely by his negligence, such as the non-party deceased's failure to take head out of the above identification code, etc., and the defendant did not have any defect in the construction and management of the above identification code. Thus, the defendant is not liable for compensation.

The defect in the construction and management of the public structure from Article 3 of the State Compensation Act refers to the state where the public structure originally has a nature or equipment to be equipped. In this case, if we look at the above facts, the defendant is found to have a thickness of 150 centimeters or more so that the ball cartridges emitted from the private line does not export the above sensitive bank, and at least 185 centimeters above the average expansion of the people in the Republic of Korea, the defendant constructed and managed the above sensitive bank. Since the above non-party deceased's duty of care to sit in the red bank and work at the 20 centimeters or above, and the above non-party deceased's duty of care to move in and work at the 20 centimeters or above, and the IM gun's ball gun's work at the red bank, and thus, it cannot be viewed that the above IM gun's work at the emulsion or other danger of the above emulsion, and thus, the defendant entered the above emulsion or danger of the above emulsion in light of social norms and social norms.

(3) Thus, since there was a defect in the construction and management of the above identification and the above bank as public structures, it is clear that the plaintiffs' claims for the principal lawsuit on the premise that the above accident occurred, and there is no reason to judge all other issues. Thus, the original judgment has partially accepted the plaintiffs' claims on different purport. Since the part against the defendant in the original judgment was unfair and the defendant's appeal is reasonable, it is decided to revoke it in accordance with Article 386 of the Civil Procedure Act, and it is so decided as per Disposition by applying Article 96, Article 89, and Article 93 of the same Act with respect to the bearing of litigation costs.

Judges Cho Jong-dae (Presiding Judge)