1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

1. Basic facts

A. At around 15:39 on March 16, 2013, D died by falling down at the end of 3 meters high concrete farming water from the location of the entrance of the same sloping 1st century (hereinafter “the location of the instant accident”) and cutting down a bicycle on the left-hand side of the second line road (hereinafter “the instant road”) from the line of the home flussium in the New-dong, Seocheon-si, Seocheon-si, Kim Jong-si, Cheongcheon-si, Kim (hereinafter “the instant road”).

(hereinafter “instant accident”). (b)

The road, which is the location of the instant accident, is a urban planning road managed by Chuncheon City, and a sidewalk of about 3.75 meters wide on the side of the vehicular road as follows, and approximately 20cm high at the boundary of the sidewalk and the farm road.

C. At the point of the instant accident, a bicycle road is installed from approximately 1.2 km away from the home flusing plane.

After the accident of this case, the defendant installed additional rail railing on the boundary of the sidewalk.

E. Plaintiff A is the wife of D, and Plaintiff B and C are the children of D.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 7-2, Eul evidence 2 and 5, each entry or image, the result of the first instance court's verification, the purport of whole pleadings

2. Occurrence of liability for damages;

(a) Defect in the construction or management of public structures in accordance with Article 5(1) of the State Compensation Act refers to a state in which the public structures have not been ordinarily safe in accordance with their intended use.

However, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function. In light of the overall circumstances, such as the use of the public structure and its current status and current status of its installation use, safety should be determined on the basis of whether the installer or 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.