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TITLE [Damages]Seoul High Court Decision 2004Na80337 Decided September 27, 2005 [full Text]
Summary
[1] The meaning of ""defective construction or management of public structures, etc."" in Article 5 (1) of the State Compensation Act or Article 758 (1) of the Civil Act, and considerations to be made when determining whether safety measures have been completed for the structures [2] Whether the standpoint of disabled people, etc., must also be taken into consideration when determining whether a subway or railroad platform has completed all safety measures required of such structures (affirmative) [3] The case holding to accept a damages claim filed against Korea Railroad Corporation by a visually impaired person, after falling from a subway platform onto the tracks and sustaining injuries, on the grounds that the platform in question lacked ordinary safety measures taken to protect the safety of passengers, including disabled people, due to defects in construction or management
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