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KCI우수등재 학술저널

폭설로 인한 고속도로의 정체와 손해배상책임에 관한 연구

판례평석 : 대법원 2008. 3. 13. 선고 2007다29287,29294 판결

In case of the traffic jam of the express highway which is caused by with heavy snowfall, to admit responsibility for the highway administrator, related to public facilities and manufactured products, was sentenced a judgment from Supreme Court(Mar. 13. 2008). This case was a meaningful decision that the court recognized the express highway administrator s responsibility in traffic jam on the highway. The Supreme Court said the express highway administrator have an obliation to quickly remove heavy snow on the express highway or to impose restrictions on car entering the express highway in order to maintain the basic features of the road or quickly recover that road. And then If he should violate these obligations of management, the express highway administrator were liable for damage resulting from loss of all those who are isolated on the express highway. In the Civil Law, the fault liability for tort and the no-fault liability for negligence in the administration of manufactured products is specified. And then It is provided that a liability for compensation born by the State should be fault liability, in the same breath a liability for public facilities should be no-fault liability in the State Compensation Act. In the meantime a series of court rulings have determined that the administrator is only responsibility for a fault in management of public facilities and manufactured products by violation on obligations of safety control. This judicial precedents has been criticized continuosly. This means that from now on there would be some room to receive compensation for losses resulted from flaws in maintenance or management in case of severe traffic jam of express highway which is caused by heavy snowfall, as well as permission entry of excessive number of vehicles on holidays or weekends.

Ⅰ. 대상판결의 개요

Ⅱ. 설치·보존·관리의 하자

Ⅲ. 대상판결에 대한 검토

Ⅳ. 마치면서

참고문헌

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