부정당업자입찰참가자격제한처분취소
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company aimed at civil engineering and construction business, and Plaintiff B (hereinafter “Plaintiff B”) is a company that aims at civil engineering and construction business.
B. On January 6, 2015, the Plaintiffs are joint contractors who were awarded a contract with C Corporation for construction of E, which is a complex cultural facility (hereinafter “instant construction”), including a performance hall with a total floor area of 18,383 square meters (the first floor, the fourth floor above the ground), a library, a swimming pool, etc. on the ground of 12,228.7 square meters above the ground of Kimhae-si, Kimhae-si (hereinafter “instant construction”) by joint performance method (the equity ratio: Plaintiff A51%, and Plaintiff B49%).
C. The Plaintiffs, among the instant construction works, subcontracted to F Co., Ltd. F (hereinafter “F”), to G Co., Ltd. (hereinafter “G”), and to H Co., Ltd. (hereinafter “H”), to perform the instant construction work.
On December 3, 2015, at around 14:45, when the instant construction was underway, two workers at the upper end of the steel structure were covered by G, H, and two workers at the lower end of the steel structure and at the end of the instant construction site were dead, and nine workers were injured (hereinafter “instant accident”). The instant accident occurred from G, H, and Plaintiff’s workers (hereinafter “instant accident”).
E. Accordingly, the Plaintiffs were indicted for violating the Occupational Safety and Health Act on September 29, 2016 on the ground that the Changwon District Court failed to take necessary measures to prevent industrial accidents in relation to the instant accident (Seoul District Court Decision 2016Da3086), and the Changwon District Court found the Plaintiffs guilty of all criminal facts against the Plaintiffs on December 22, 2017, and imposes an administrative fine of five million won on each of the Plaintiffs.