The case holding that the State shall be liable for damages as the possessor of a road if a traffic accident occurred due to defects in the construction or preservation of a road while the construction of a part of a national road, among those managed and occupied by the city, was conducted by the National Land Management Agency of the Ministry of Land, Infrastructure and Transport and intended to be transferred at the time of completion of construction.

The case holding that the State shall be liable for damages as the possessor of a road if a traffic accident occurred due to defects in the construction and preservation of a road while the construction of a part of a national road managed and occupied by the city was conducted by the National Land Management Agency of the Ministry of Land, Infrastructure and Transport and intended to transfer it at the time of completion, but failed to be transferred due to deficiencies

Article 192 of the Civil Act, Article 758(1) of the Civil Act, Article 22 of the Road Act

Plaintiff 1 and two others, Attorneys Kim Yong-sik, Counsel for the plaintiff-appellee)

Korea

Busan High Court Decision 91Na7491 delivered on July 16, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

Based on macroficial evidence, the court below recognized the fact that the traffic accident of this case (such as defects in the construction and preservation of a road) occurred while the road in the judgment of the court below was a national road within the jurisdiction of the Busan Metropolitan City, which is within the original Metropolitan City, and was managed and occupied by the Busan Metropolitan City, which is a road under the jurisdiction of the Busan Metropolitan City, but the construction management agency of the Ministry of Construction and Transportation under the jurisdiction of the defendant, as the government support project, was to perform the construction work of the national land and to transfer it to the Busan Metropolitan City after completing the construction on December 30, 198, but was not transferred due to lack of documents, etc., and therefore, the fact finding and judgment of the court below are just and acceptable in light of the records.

Even if the head of North Korea, which is an affiliated agency of the Mayor of the Busan Metropolitan City after the completion of the above road works, has granted permission to occupy and use the road to the head of the Busan Metropolitan City branch office of the Korea Electric Power Corporation for the construction of electric power conduits, in light of the fact that the Minister of Construction and Transportation has the right to occupy and use the road even if he/she vicariously executes the construction as a superior agency (Article 37 of the Road Act and Article 2 of the Enforcement Decree of the same Act) and the above reasons alone, it cannot be deemed that the defendant's act interfere

In addition, even if the financial resources of the central government of the facility support project are limited to the facility part and do not provide for continuous maintenance, it cannot be viewed as a ground to deny the liability for damages of this case.

The judgment of the court below shall not contain any illegality such as violation of the rules of evidence, incomplete hearing, etc.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.