부실벌점부과처분 취소 청구의 소
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court's explanation of this case is that of the first instance court's ruling, except for the addition of the judgment under the following two with regard to the matters for which the plaintiff asserts again in the trial, and thus, it shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. The reasoning of the first instance court’s determination is justifiable in light of the following reasons. In addition, the lower court’s determination that the Defendants’ failure to meet the relevant standards and neglected to prepare the design documents, which could have caused the defective construction work. The lower court’s determination that the Defendant’s failure to prepare the design documents cannot be deemed to have abused or abused discretion.
① The purpose of the instant penalty points system is to impose penalty points on the relevant business entity to give disadvantage at the time of bidding in cases where the construction works ordered by the State, etc. or the construction technology service business is not faithfully performed in order to prevent the failure of construction works. Therefore, in cases where the defective construction works occur or are likely to occur because the design service business entity or the construction business entity fails to faithfully perform services in the overall process of construction works, including the preparation of design documents and drawings, it shall be deemed that the relevant business
② The instant rules set the width, etc. of emergency stairs for the safety, sanitation, and fire prevention of a building, and set the width of indoor stairs to not less than a certain level in light of the fact that the building is a building used by a large number of juveniles at the same time. Therefore, the preparation of a non-compliant design document constitutes neglect of the preparation of design documents, and the construction completed in accordance with the design documents that do not meet the relevant standards.