In modern society, road is playing an important role as necessities in industry, travel and daily life with popularity of automobile. On the other hand, the problem of lives being lost and serious injuries, and enormous cost of property damages occurr...
In modern society, road is playing an important role as necessities in industry, travel and daily life with popularity of automobile. On the other hand, the problem of lives being lost and serious injuries, and enormous cost of property damages occurred occasionally on the road due to traffic accident with an unavoidable circumstances is causing widespread community concern, especially in proportion to the increase of possibility of meeting with calamity on expressway, whose main function is fast transportation. For that reason, the State Compensation Act provide if any damage has been inflicted on another person due to defective construction or management of public structures like a road, the State or Local Government shall redress such damages(Article 5). 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 massive cases. In the process of analyzing these problems, we are also eager to give useful suggestions which are involved in promoting road safety and in improving road management system.