부실벌점 부과처분 취소소송
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 7, 2009, the Plaintiffs constituted a joint contractor and entered into a contract with the Defendant for construction works with the terms and conditions that “the construction of a new line or other construction works prior to the transit section of the Daejeon High-speed Railroad (hereinafter “instant construction works”) shall be 24,921,487,733 won in total construction cost and December 30, 2014 due date. On June 3, 2015, the Plaintiffs entered into a contract with the Defendant for a change of the total construction cost of the said construction contract to be KRW 29,874,00,000,000 in total construction cost and the due date for completion on September 30, 2015.
(hereinafter referred to as the “instant construction contract”). B.
On July 14, 2015, 200:39, among the instant construction projects, KTX trains, which were moving from Seoul Station to large-scale discharge, had an accident in contact with Trori (tightly).
(hereinafter referred to as “instant accident”). C.
On October 5, 2015, the Defendant notified the Plaintiffs on October 5, 2015, that the Plaintiffs imposed the Plaintiff Mine Electric Power Co., Ltd. (hereinafter referred to as “stock company”) 0.50 points, 0.25 points, 0.25 points to Plaintiff Mine Electric Power Co., Ltd. (hereinafter referred to as “the Plaintiffs”) on the grounds of the following reasons: (a) improper guidance and supervision for the blocking work by the supervisor, such as improper safety education following the blocking work, work manager, etc.; (b) improper implementation of the blocking work; (c) improper implementation of the instruction and supervision; (d) improper implementation of safety management plans; (e) improper implementation of safety management plans; (e) risk assessment and insufficient management.
(hereinafter referred to as "measures to impose penalty points of this case")
The Defendant, who is a supervisor of the instant construction project, has received “Notice” as the receiver, and the “Notice of Determination of Penalty Points” as to the Plaintiffs attached to the said Notice, as the “related Acts and subordinate statutes,” and the criteria and procedure for imposing the Defendant’s penalty points, etc. under Article 27-2(1) of the Enforcement Rule of the Electric Technology Management Act, and the Defendant’s imposition of penalty points.