벌점부과처분취소 청구의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On October 2013, Plaintiff New Village Construction Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) contracted from Jeonnam-do to construct B (hereinafter “instant building”) a new construction work from Jeonnam-do. Plaintiff A was an employee of Plaintiff Co., Ltd. at the time of construction work.
Article 21-4 of the former Construction Technology Management Act (amended by Act No. 11794, May 22, 2013; hereinafter referred to as the "former Construction Technology Management Act"), Article 21-4 of the former Construction Technology Management Act (amended by Act No. 11794, May 22, 2013; hereinafter referred to as the "former Construction Technology Management Act"), Articles 27, 28, 28, 3, 3, 128, 3, 3, 5, 5, and 5 of the former Enforcement Rule of the Construction Technology Management Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 94, May 22, 2014; hereinafter referred to as the "former Enforcement Rule of the Construction Technology Management Act"), the location of a basic file different from design drawings and specifications.
B. On April 30, 2014, the Defendant imposed two points for each of the following reasons on the Plaintiffs.
(hereinafter referred to as "each disposition of this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 3, Eul evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings.
2. The plaintiffs' assertion or related laws
A. The plaintiffs' assertion 1) Although the non-existence of the grounds for disposition was a misunderstanding of the basic file of the building of this case, this does not constitute "a case where supplementary construction is required due to construction contrary to design drawings and relevant standards" under Article 28 of the former Enforcement Rule of the Construction Technology Management Act, which is the basis of each disposition of this case, considering the following circumstances.
1. The term "design documents" in the above attached Table and related thereto.