Structure

A structure (공작물/工作物) or physical structure is a structure is a body or assemblage of bodies in space to form a system capable of supporting loads in terms of engineering and architecture.

In the context of statutes, a structure means, in general, man-made structures. They include roads, bridges, buildings, towers, dams, embankments, steel structures, manufactured goods, etc.

Key words
structure, defect in construction and maintenance, liability for damages, strict liability, indemnification

Defects in structure
Under the Civil Act (민법/民法), when a structure is found to have a defect or defects (공작물의 하자/工作物 瑕疵) which lack the functional security as demanded by law or practices, the subject of liability depends on case by case:

If any defect arises out of use of the structure, and has caused damage to another person, the person in use of the structure is liable for the damages. Its proof burden shall be borne by the victim - plaintiff.

If any defect in the construction or maintenance of a structure has caused damage to another person, the possessor or owner is liable for the damages.

Step-up liability
The warranty liability in a structure or building (공작물책임/工作物責任) is differentiated by person.

Under the Civil Act as shown above, at first, the person in possession of the structure with defect is liable for damages.

Second, if the possessor has exercised due care so as to prevent the occurrence of such damage by evidence, he/she will be free of liability. The the owner is required to compensate the damage regardless of his/her fault. It is a strict liablility.

Third, if the possessor or the owner of the structure with defect has made compensation for the damage, he/she obtain the right to indemnity from the person who initially caused the damage and proved responsible for it.

Expansion to trees
Under the Civil Act, the provisions regarding liability for defected structure shall apply mutatis mutandis in case where any defect in the planting or maintenance of trees has caused damage to another person. Article 758 (2).