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(영문) 부산지방법원 2018.05.02 2017가합48785
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A and B are the parents of the network D (Ear; hereinafter “the deceased”), the Plaintiff C is the decedent of the deceased, and the Defendant is the local government that manages the erogate of the steel-frame located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do. 82-3.

B. On July 15, 2017, the Deceased visited the steel-gu valley in order to play a water play with the friendship F and G on July 15, 2017, while playing G and water play at around 13:39 on the same day, the depth of the water level was depthd and the water level came to fall into water at a deep place in price.

C. On July 15, 2017, the Deceased was rescued by another person who was playing in the water around, and received cardiopulmonary resuscitation from the nurse, and was dispatched to the H hospital by the 119 first aid unit, who was dispatched on July 15, 2017, and was sent to the H hospital, but died around 15:50.

(hereinafter referred to as the "accident of this case"). 【No dispute exists; Gap evidence Nos. 1, 2, 3, and 6; Eul evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply); the result of the dispatch of documents to the chief of the Ulsan Coast Guard of this Court; the witness F's testimony and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiffs' assertion that the accident of this case occurred, as the managing body of the steel mouth in which the accident of this case occurred, should have taken protective measures such as setting up a signboard that warns that the depth of water is deep, or a tag that prevents access to a depth of water depth, but the accident of this case occurred due to a defect in management that failed to take such protective measures. Thus, the defendant is liable to compensate the plaintiffs for the damages of the deceased and their bereaved family members pursuant to Article 5 (1) of the State Compensation Act.

B. "Defects in the construction or management of public structures" in Article 5 (1) of the State Compensation Act refers to the state in which public structures have failed to have safety ordinarily prepared according to their purposes, and such public structures are completely infinite.

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