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(영문) 수원지방법원 2019.06.12 2018나75412
손해배상(국)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. On August 13, 2014, the Plaintiff installed a bicycle-only road display board on the left upper part of the image of Gap evidence 70, a bicycle-only lane, which is located on the string line of the string line of the string line of the string line located in Gangseo-si, Gangnam-si, the front side of the string line of the string line.

(hereinafter referred to as the “instant road”), while walking on the road, he was faced with an accident resulting from a marson’s steel death connected thereto (hereinafter referred to as the “instant accident”).

B. The Plaintiff suffered injury in need of three weeks’ medical treatment, such as the Yang Slovas Coordinate, etc., due to the instant accident.

C. The defendant is the person who constructed and manages the road of this case.

[Ground of recognition] The entry of Gap evidence 57, Gap evidence 60 to Gap evidence 79-2, and the purport of the whole pleadings

2. The "public structures" under Article 5 (1) of the State Compensation Act refers to tangible or physical facilities granted by the State or local governments for specific public purposes, including cases where the State or local governments manage them by ownership, lease and other rights (see, e.g., Supreme Court Decision 98Da17381, Oct. 23, 1998). In addition, the "defect in the construction or management of public structures" under the above provision refers to cases where public structures do not have safety ordinarily required for their use. However, it cannot be said that the construction or management of public structures is defective merely because the public structures are not in a state of perfectness and have some defects in their functions. In determining whether safety has been satisfied, the construction manager has the duty to protect them to the extent generally required in proportion to the danger of the public structures, comprehensively taking into account all the circumstances such as the purpose of the public structures in question, the present state of the construction site and the current state of the use thereof, etc.

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