If a passenger who gets a passenger in excess of the transport capacity of a train but did not enter a train due to the failure to take any measures sufficient to prevent the occurrence of an accident, and a passenger who gets involved in the train in the platform and platform-gu was crashed by the wall of the internship, this can be deemed to have been caused by negligence in the performance of duties by railroad-related public officials, including a vice head.

If a passenger boarding beyond the transport capacity of a train but did not enter the train due to the failure to take any measures to prevent the occurrence of an accident, and the passenger fells against the wall of the internship team, then he can be deemed to be due to negligence in the performance of duties by a railroad-related public official, including the vice head, if the passenger fells against the wall of the internship team.

Article 2 of the State Compensation Act, Article 756 of the Civil Act

Plaintiff 1 and one other

Korea

Seoul High Court Decision 69Na2319 delivered on March 18, 1970, Seoul High Court Decision 69Na2319 delivered on March 18, 1970

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

As to the grounds of appeal by Defendant Litigation Performers:

According to the facts established by the judgment of the court below, since the date of this accident was before the date of this accident, the train was composed of 10,000 won as a passenger, and many passengers who were not on board the train were on board the entrance of the train, and some of the passengers were on board the train outside the entrance of the train. In such a case, the public officials belonging to the defendant, who are on the operation of the train, restricted the sale of the tickets or sold the tickets in line with the entrance capacity of the train, are allowed to leave the entrance in the entrance or to leave the entrance in the entrance or to leave the entrance in the entrance, or the non-party's failure to take any necessary measures to prevent the passenger from getting on board or getting on board the train from getting off the entrance, and the non-party's failure to take other measures to get off the train within the entrance or getting off the entrance, and thus, the non-party's failure to take such measures, including the non-party's failure to take such measures, is not justified in the judgment of the court below.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Lee Young-subop (Presiding Judge)