1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The plaintiffs asserted that they are residents of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and Guro-gu, Seoul, and suffered noise pollution exceeding the tolerance limit, such as that the noise of aircraft using the Kimpo Airport is unable to lead a normal daily life or has undergone serious mental suffering.

Although the Defendant, who is in charge of the authority and responsibility for the management and operation of the Kimpo Airport, including the landing and landing of aircraft, installed a buffer zone in the Kimpo Airport and its surrounding area, restricted the frequency of landing and installed additional noise prevention facilities, thereby causing damages to the Plaintiffs due to the noise of aircraft using the Kimpo Airport due to the defect in the construction and management of the Kimpo Airport, which is a public structure, thereby causing damages to the Plaintiffs. Accordingly, the Defendant is obliged to compensate the Plaintiffs for damages for the mental distress damages each by their respective requests.

2. Determination on the cause of the claim

A. "Defect in the construction or management of a public structure" as stipulated in Article 5 (1) of the State Compensation Act refers to a state in which the public structure is not equipped with safety required for its use. In this context, the state in which safety is not satisfied, i.e., the state in which there is a danger of harm to others, includes not only the state in which there is a risk of harm to its users due to physical external defect or deficiency in the physical facility itself, which constitutes the public structure, but also the state in which the public structure is used for public purposes, and its degree in which the public structure causes damage to a third party who is unable to participate in social norms, beyond a certain limit.

In addition, we can participate in social norms.