도로의 설치·관리상의 하자와 공작물 책임 -자연력에 의한 원인이 경합된 경우의 배상책임경감을 중심으로-

Abstract

Nowadays the public structures, especially road and highway, have great influence on national economy. In proportion to the growing personal reliance to the public structures, the compensation of personal loss related to the establishment and management of the public structures is getting more and more important issue. In the Civil Law, the tort law has the principle of fault-liability. So it is very meaningful to define the essence and basis of an absolute liability of structure(Civil Law §758). In this paper, we are mainly focusing on the defects with construction and maintenance of expressway. So we are not going to five a full detail of a road itself as a public structure related to liability Rather, we will develop this paper by three steps. First of all, we look over liability scheme in our legal system for defects of the expressway with construction and maintenance overall. Next, we examine the meaning of the expressway defects in theories and cases. Lastly, we analyze various types of defects of expressway through cases. In the process of analyzing these problems, we are also eager to give useful suggestions which are involved in an absolute liability of structure for the defects with construction and also, the legal principle of liability mitigation.