영조물책임과 이용자의 보호 - 도로표지의 하자에 대한 대법원 2022. 7. 28. 선고 2022다225910 판결을 중심으로 -

Abstract

Recently, the Supreme Court issued a ruling that denied the responsibility of local governments responsible for the installation and management of U-turn guide signs and auxiliary signs installed on the road for accidents that occurred at intersections that do not reflect the actual situation. However, this ruling seems to have neglected the basic purpose of traffic safety facilities. Traffic safety devices are installed to prevent road hazards and ensure traffic safety, so they must be easily recognizable so that even inexperienced drivers can make accurate decisions in a short time. It should not cause misunderstanding or confusion among drivers. In the above case, the Supreme Court’s decision can be criticized in that the defendant local government was able to replace the sign without incurring large costs, and the public official belonging to the defendant was apparently able to recognize it. When the public facility contributes to an accident, it should not be allowed to deny the responsibility of the state or local government, even if a partial reduction for comparative negligence is granted. Recognition of the responsibility of public facilities for damages ultimately depends on the extent to which victims are compensated and the issue of effective compensation. If the responsibility for damages is recognized, the state or local government will be responsible for all damages, and the victim will file a lawsuit against the state or local government, which has sufficient financial capacity to provide compensation, as the defendant. In practice, the state or local government will first pay the entire compensation amount to the victim and then exercise its right to compensation against the party that caused the occurrence or extension of the damage. However, this is a problem that should be solved by exercising the right to compensation against the person who caused the occurrence or extension of the damage, not by refusing to recognize the responsibility of the state or local government. The basic reason for recognizing the responsibility of public facilities is to reduce social losses due to accidents by ensuring that the state or local governments install and manage traffic safety facilities effectively. Therefore, it is not desirable to limit the scope of recognition of the responsibility of the state or local governments. If local governments face financial difficulties in compensating damages caused by the responsibility of public facilities, the insurance system should be used in a practical way, such as subscribing to the compensation mutual aid program.