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(영문) 서울고등법원 2021.03.18 2020누57099
공사시행결정 취소
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and the appeal.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is difficult to view the reasoning of the judgment of the court of first instance, 5, 14, and 5.

Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Litigation Act shall be cited as it is, except for the following addition, because it is the reason for the judgment of the first instance.

In order to prevent traffic accidents caused by unauthorized crossing and to achieve the purpose of protecting pedestrians from the vehicle, the instant plan is to prevent unauthorized crossing and defend the vehicle that intrudes upon India in an abnormal manner by installing a protective fence on the instant road.

Since the unauthorized crossing of pedestrians or the delivery of vehicles under the road-related Acts and subordinate statutes are not an act to protect the place of regulating the unauthorized crossing of pedestrians or the delivery of vehicles, the installation of a protective fence cannot be deemed to restrict the right to freely pass by the unauthorized crossings or the operators of vehicles in India without permission or impose obligations on them.

On the road of this case, the parking of the vehicle is prohibited due to yellow domination lines, but the fact that stopping is permitted is no dispute between the parties.

However, according to the fact-finding with the Seoul Regional Police Agency in the first instance, there is no provision prohibiting stopping due to the installation of a bank protection fence under the Road Traffic Act, and there is no provision changing the yellow domin line with the installation of a bank protection fence (Prohibition of Parking) into the yellow domin line (Prohibition of Parking). The installation of a bank protection fence is a facility installed by the road management agency like the defendant pursuant to Article 2 subparag. 2(f), Articles 23 and 50 of the Road Act, Article 3 subparag. 4 of the Enforcement Decree of the Road Act, Article 38 subparag. 1 of the Road Act, and Article 38 subparag. 7 of the Rules on the Standards of Road Structures and Facilities. On the other hand, the yellow dominton line sign prohibiting spirits is a separate one from the measures prohibiting stopping of the road and a fence is naturally constructed.

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