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TITLE [Damages (Other Categories)]Supreme Court Decision 2003Da49566 Delivered on January 27, 2005 [full Text]
Summary
[1] The meaning of ""defect in the construction or management of public structure"" as stipulated in Article 5 Paragraph (1) of the State Compensation Act and the criteria for finding such defect [2] The criteria for determining the tolerable level for third parties regarding the ""defect in the construction or management of public structure"" [3] The criteria for determining whether the tortfeasor can be exempted from liability and whether and how the total amount of damages can be reduced where the injured moves into and resides in the hazardous area inflicted with pollutions including noises, etc. [4] The case holding that there have been defects in the construction and management of the Gimpo Airport, because the harm suffered by the residents of the areas near the Gimpo Airport due to its noises exceeded the tolerable level under the generally accepted understanding in the society
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