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(영문) 대법원 1977. 1. 25. 선고 76다1938 판결
[손해배상][집25(1)민,33;공1977.3.1.(555) 9888]
Main Issues

Whether a station has a duty of care to protect the lives of passengers when a train is stopped or passed through a dangerous area, where an unauthorized invasion of a sloping in the station and continues to move along the station.

Summary of Judgment

In the event that an unauthorized scambling in the station continues to scambling due to intrusion of a scambal in the station, the station commander has the duty of care to protect the lives of the passengers getting out of the station by taking measures such as installing a chemical barriers on the adjacent segment line in order to prevent the train scambling or getting down in the station from entering the danger zone or to keep away from the scambling distance of the scambal in the station, or to contact the above scambling accident and the entrance place in each station before they arrive in the station, and to protect the lives of the passengers getting out of the station.

[Reference Provisions]

Article 750 of the Civil Act

Plaintiff-Appellee

Attorney Lee Jin-jin et al., Counsel for the defendant-appellant

Defendant-Appellant

The Minister of Justice of the Republic of Korea shall appoint the litigation performer Kim Sil-won from among the representatives

Judgment of the lower court

Seoul High Court Decision 75Na836 delivered on June 30, 1976

Text

The appeal is dismissed. The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment below, the court below acknowledged the non-party 1's non-party 2's non-party 1's knife gun and 180's knife gun powder and 20's knife gun 1's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the defendant who has lost, and it is so decided as per Disposition by the assent of all participating judges.

Justices Presiding Justice (Presiding Justice)

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