1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Around 18:00 on June 18, 2013, the Plaintiff’s summary of the Plaintiff’s assertion was caused by an accident involving the left-hand kneee, kneee, on the cover of the drain-gate installed in the front of the Taean Agricultural Co., Ltd., 19-2 located in Taean Agricultural Co., Ltd. and the branch.

Since the instant accident occurred due to the defect in the installation and management of the drainage hole, which is a public structure, the Defendant, as the managing authority of the above drainage hole, shall pay the Plaintiff the amount stated in the purport of the claim, which is part of KRW 22,083,180,00, including the sum of KRW 15,764,400, medical expenses, KRW 4,818,780, and KRW 1,500,000, as damages arising from the instant accident.

2. Determination as to whether defects exist in the construction and management of public structures

A. The defects in the construction or management of a public structure under Article 5 (1) of the State Compensation Act refer to the state in which the public structure is not equipped with safety ordinarily required for its use. Thus, the defects in the construction or management of the public structure cannot be deemed to be defects merely because the public structure is not completely in its function and has any defects in its function. In determining whether the public structure is equipped with safety above, the criteria should be taken to determine whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure by comprehensively taking into account all the circumstances, such as the purpose of use of the public structure in question, the present state of the installation and the situation of its use. In objectively and objectively, in a case where there is no predictability and possibility of avoiding the damage caused by the defects in the function of the public structure, namely, in a case where the defects in the public structure are under circumstances where the construction manager is not able to exercise the management of the public structure.

B. (See Supreme Court Decision 99Da54004 delivered on February 25, 2000).

Judgment

Gap evidence 1-1, 2, 9-1, 2, 10, 10.