1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. The road at the site of the accident of this case by the plaintiff is at a high driving speed and is expected to cross the road without permission of people, and thus, the central separation zone shall be installed at the protective fence-type, and the protective fence-type shall be installed continuously except in extenuating circumstances.

However, the central separation zone at the location of the accident in this case was severed.

Therefore, the defendant was negligent in not safely installing and managing the central separation zone, the defendant's above negligence was caused by the accident of this case, and the defendant's fault ratio should be 50%.

Therefore, the defendant is obligated to pay 23,83,385 won and damages for delay equivalent to 50% of the amount of insurance money paid by the plaintiff to the plaintiff 47,66,770 won, which is equivalent to 50% of the negligence ratio.

3. Determination

A. The defect in the construction and management of a public structure under Article 5(1) of the State Compensation Act refers to a state in which the public structure is in a state of lacking safety ordinarily required for its use. It cannot be readily concluded that there is a defect in the construction or management of a public structure on the ground that the construction and management of the public structure does not always have high level of safety to the extent that it is maintained in a state of perfectness. The duty to take protective measures imposed on the installer or manager of the public structure refers to the extent generally required by social norms in proportion to the danger of the public structure. As such, a road is a public structure, taking into account the relationship with other essential facilities or the financial, human and physical restrictions of the person who installs and manages it, it is a relative safety in which users expect a method of permanent and orderly use.