해임처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation on this part is that “F” under Article 11 of the 2th sentence of the judgment of the court of first instance is identical to “R”, and “detailed uniform” under Article 18 of the 18th sentence of the same Table is identical to “detailed item” for the reasons of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Whether the disposition is lawful;
A. (1) The existence of the grounds for disciplinary action 1) The summary of the Plaintiff’s assertion is that “calculated by applying the consumer price index fluctuation” as to operating expenses under Article 59 of the concession agreement. Therefore, the operating expenses are not fixed amounts, and the settlement and return of the amount can be demanded.
According to the BTL standard concession agreement explanation (hereinafter "the concession agreement explanation"), if there is no accumulation plan on the items of expenses, the balance of the maintenance expenses naturally reverts to the project implementer. Thus, if the maintenance expenses are accumulated on the items of expenses, the balance of the maintenance expenses in the opposite interpretation shall be refunded to the defendant, and if there is a defect in the maintenance and management, the amount of the government payment shall be reduced unless it is maintained in accordance with the performance request sheet. Therefore, if there is a defect in the maintenance and management, the refund of the already paid operating
In addition, Article 54 (2) of the concession agreement provides that "if false statements are made in the report, the amount equivalent to 1.5 times the government's payment shall be refunded." Thus, it is also possible to demand the return of operating expenses in accordance with the
On the other hand, the plaintiff's request for the settlement and return of operating expenses is a legitimate performance of official duties, since the superior's approval was obtained.
B) The Plaintiff, while in charge of operating and managing C Museum BTL business, is a business operator, D Co., Ltd. (hereinafter “business operator”).
With respect to operating expenses, the settlement and return of maintenance and repair expenses shall be continued.