A. The meaning of "public structures" in Article 5 (1) of the State Compensation Act

(b) The case holding that safety facilities for the general sports complex site in the name of the city or on the ground parking zone cannot be "public structures";

(a) For the purpose of Article 5(1) of the State Compensation Act, the term "public structures" refers to fluids or physical facilities which are made available for specific public purposes by the State or local governments, and for specific public purposes, including those provided directly for the free use of the general public, but also those cases where the State or local governments are in de facto control as well as those cases where ownership, right of lease or other rights are managed by the State or local governments, including those cases where they are not limited to those objects provided directly for the free use of the general public;

(b) The case holding that, in the event that the Industrial Base Development Corporation carried out a compartmentalization and rearrangement project in a large scale, and the land which became a site to be a site to be a comprehensive playground has been registered for transfer of ownership in the name of the Si thereafter, but no facilities have been installed on the ground, and the permission to use the site to be a site for the motor vehicle competition held by the Federation at the request of the Korea Embow Sports Association in a state where no facilities have been installed on the ground, and the market price did not directly provide the site to be a site to be a comprehensive playground, and that if the Federation did not manage the safety facilities, such as the protective wall necessary for the motor vehicle racing that was installed on the land, the site to be a comprehensive playground, or the above safety facilities installed on the above site cannot be deemed as the "public structures"

Article 5 (1) of the State Compensation Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant)

Plaintiff 1 and four others, Counsel for the defendant-appellant-appellee, Counsel for the plaintiff-appellant-appellee)

Ansan-si Attorney Kim In-hwan, Counsel for the plaintiff-appellant

Seoul High Court Decision 93Na48139 delivered on August 18, 1994

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the facts of the judgment based on the evidences, and found that the accident of this case occurred without installing sufficient safety facilities to the extent that the Korean Egypt Sports Association established under the Korea Egypt Sports Promotion Association, an incorporated association, should be able to secure the safety of the automobile competition, and the defendant city also left alone. As a result, it was presumed that the comprehensive playground site of this case was an accident that occurred due to the use of the automobile site as the site of this case without stability to be prepared against the above general playground site of this case, while the site of this case was not equipped with the facilities scheduled at the time of the accident of this case, it is merely the site of this case, which was not equipped with the facilities scheduled at the time of the accident of this case, and thus, even if the site of this case did not meet the qualification of the general playground site of this case as a material for public purposes, it should have been decided before the accident of this case to the extent that the plaintiffs suffered damages to the public facilities prescribed in Article 5 of the State Compensation Act.

Therefore, I would like to examine whether the scheduled site for the sports complex of this case is "public structures" under Article 5 (1) of the State Compensation Act.

The term "public structures" refers to tangible or physical facilities which have been granted by the State or a local government for a specific public purpose (see Supreme Court Decision 80Da2478 delivered on July 7, 1981). The term "public structures" refers to objects provided for a specific public purpose, which are not limited to objects provided directly for the free use of the general public, but includes objects provided for the use by an administrative body, but also those managed by the State or a local government based on ownership, right of lease and other authority.

However, according to the records, the scheduled site for the sports complex of this case was the scheduled site for the sports complex of this case when the non-party Industrial Base Development Corporation performed the dividing and rearrangement project into the Hansan-si, Ansan-si, and it became the scheduled site for the sports complex of this case, and the registration of ownership transfer was completed on August 28, 1989, but there was no facility installed on the ground of this case until the accident of this case. In this situation, the permission was granted for the use of the motor vehicle competition held by the above Association as in the judgment of the Republic of Korea, and the defendant did not directly provide the scheduled site for the sports complex of this case. Since the Korean Embal Infrastructure Development Corporation did not manage the safety facilities such as the protective wall necessary for the racing of motor vehicles on the land of this case, it did not constitute the "public facilities of this case", and thus, the court below erred in the misapprehension of legal principles as to the above "public facilities of this case" and the above safety facilities" of Article 5 of the State Compensation Act.

There is reason to point this out.

Therefore, the judgment below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)