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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The plaintiff.
Reasons
1. The summary of the Plaintiff’s assertion is the person responsible for installing and managing the sidewalk and street lamps installed at the entrance sidewalk of the Busan Young-gu B apartment, Busan, and the person responsible for installing and managing the sidewalk and street lamps in accordance with the relevant regulations. However, the Defendant installed the aforementioned sidewalk at a effective width of 0.9m less than the effective width of 2m to 1.5m as prescribed by the Rules on the Structure and Facility Standards of Roads, and did not install safety fences on the sidewalk and the thermal boundary, and left the above street lamps alone in the state of
(2) On November 9, 2016, the Plaintiff suffered injury by facing the head and the right shoulder on the front side of the tin, which was installed on the instant sidewalk, around November 19, 2016.
(hereinafter “instant accident”). Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 254,400,000 for medical expenses incurred from the instant accident and KRW 4,254,400 for consolation money and KRW 4,254,400 for delay damages.
2. Determination as to the cause of action
A. "Defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act means that the public structure is in a state of failing to have safety ordinarily required for its use. Thus, it cannot be deemed that there is any defect in the construction or management of a public structure merely because the public structure does not have a complete condition and has any defect in its function. Whether such safety is satisfied shall be determined on the basis of whether the construction manager has fulfilled the duty to take protective measures to the extent that is generally required in proportion to the danger of the public structure by comprehensively taking into account all the circumstances, such as the purpose of the public structure in question, the location of the facility in question, the current status of its use, etc.