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The judgment below
The part of the case against the defendant Hanam is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal by Defendant Southern-si
A. The defect in the construction or management of a public structure under Article 5(1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state in which the public structure has no ordinary safety required for its use. Thus, it cannot be said that there is a defect in the construction or management of the public structure solely on the ground that the public structure is not in a state of completeness and has any defect
In determining whether such safety has been established, the standard should be determined by comprehensively taking into account all circumstances such as the purpose of the public structure in question, the current status of the installation site and the current status of the public structure in question, and whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger
In the event that there is no predictability and possibility of avoidance of damage caused by a defect in the function of the public structure at an objective time and place, that is, the defect in the construction and management of the public structure is not recognized when the defect in the public structure is under circumstances where the management by the construction manager of the public structure cannot be exercised.
(See Supreme Court Decisions 9Da54004 delivered on February 25, 200, 2000Da56822 delivered on July 27, 2001, and 2000Da56822 delivered on July 27, 2001). Rivers as natural public structures have no choice as to whether they are to be installed originally, and there is no possibility of choice as to whether they are naturally existing in a state of danger, and there are many cases where they cannot remove the danger in a simple manner, and it is difficult to predict the scale, scope, and timing of the flow of the river, which is the source of the flow of the river, and it is difficult to predict the occurrence of the flood, such as the size, range, and timing of the flow of the river, which is the source of the flow of the river, and it is impossible to grasp the actual operation of the river, and eventually, it is difficult