2. The costs of lawsuit shall be borne by the Plaintiff.

A. From March 2, 2007 to September 16, 2010, the Plaintiff took overall charge of the creation and management of a park within the jurisdiction of Guri-si Environmental Management Office B, and took overall charge of the affairs related to the contract of the “D Ecology Construction Corporation” (hereinafter “instant construction”) signed by Guri-si and C Co., Ltd. on February 22, 2010.

B. On October 12, 2012, on the ground that the Plaintiff’s following acts constituted a violation of Article 48 (Duty of Fidelity) of the Local Public Officials Act, the Defendant was subject to one month of suspension from office against the Plaintiff.

(hereinafter “instant disposition”). Since the prime contractor has the authority to decide whether to perform the main types of construction works he/she contracted by himself/herself as a subcontract, exercising pressure on the main contractor by a public official belonging to the contracting authority to subcontract a part of the construction work is not only to give unfair profits to the specific contractor, but also to infringe on the authority of the prime contractor.

Therefore, a discipline accused person cannot compel C to subcontract a part of landscaping construction, which is a major type of construction work, to a specific business entity.

However, on February 23, 2010, in order for C to directly perform landscaping works, E, qualified as a field engineer, has been appointed as a field agent, and the construction work has been commenced at the end of February of the same year, the suspect of the violation of the Act, who tried to establish the site office, was prevented from opening the site office before the subcontractor is selected through the local facility clerk F, the local facility clerk.

On March 3, 2010, the C representative director sent a telephone to G so that he subcontracted the landscaping part to H Co., Ltd., a landscaping company within the jurisdiction.

Nevertheless, as C does not subcontract the part of landscaping work to H, a discipline accused person is called C's name as his office around March 8, 2010, and H representative director J's name as H representative director.