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(영문) 서울중앙지방법원 2018.07.16 2017가단5232849
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. The provisions of the Road Act, regulations on road structure and facility standards (Ordinance of the Ministry of Land, Infrastructure and Transport), and guidelines for the installation and management of road safety facilities (hereinafter “instant guidelines”) are as follows.

* Article 2 (Definitions of the Road Act, Law No. 1338, Dec. 2, 2016) 1 The definitions of terms used in this Act are as follows:

1. The term "road" means a road, enumerated in Article 10, comprised of roads, sidewalks, bicycle lanes, side roads, tunnels, bridges, overpasses, and other facilities prescribed by Presidential Decree, and includes road appurtenances;

Article 50 (Standards, etc. for Structure and Facilities of Roads) Standards for structure and facilities of roads, safety inspection, repair, maintenance and management of roads shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall be determined so as to minimize natural ecosystem damage and environmental damage of neighboring residents, etc. in connection with road works and to ensure road structures

* Where deemed necessary to prevent traffic accidents, Article 38 (Road Safety Facilities, etc.) of the Rules on the Standards for Road Structures and Facilities (Road Safety Facilities, etc.) 1.

The road safety facilities, such as iron packaging, emergency brakes, safety facilities in an open area, crosswalks, overpasses (including underground crosswalks), shall be installed.

In addition to matters prescribed by these Rules, detailed matters concerning the standards for road structures and facilities shall be governed by the Minister of Land, Infrastructure and Transport.

* Vehicle Protection Safety Facilities in Part 1 of the Guidelines for Installation and Management of Road Safety Facilities

2. In the case of a protection fence (functional and kind) 2.1.1 functional protection fence, the safety protection fence shall prevent a vehicle deviating from going outside of the road, going through a large lane, sidewalk, etc. while driving at the same time, and injury of passengers.

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