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(영문) 서울행정법원 2017.06.02 2016구합74408

업무정지처분취소

Text

1. On September 2, 2016, the Defendant’s disposition of business suspension for each of three months against the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the construction engineers affiliated with D Co., Ltd. (hereinafter “D”) that are corporations that engage in civil engineering design and supervision.

B. On February 25, 2009, the Daejeon Regional Land Management Office entered into a contract with the E Corporation (hereinafter “E”) to contract for construction cost of KRW 28,451,414,873 (hereinafter “instant construction contract”), and entered into a modified contract with the content that the construction cost shall be increased to KRW 31,067,200,000.

C. On March 9, 2009, the Daejeon Regional Land Management Office concluded a full-liability supervision service agreement with D on the instant construction project.

Under the above full-time responsible supervision service contract, F, a construction engineer affiliated with D, performed the duties of a responsible construction management engineer who resides at the construction site of this case, and the plaintiffs did not reside at the construction site of this case and performed the duties of a construction management engineer who supports F, without having been stationed at the construction site of this case (hereinafter “technical support engineer”).

On November 10, 2015, the Aconsor submitted to D the inspection on completion of the 7th portion of the instant construction.

On November 17, 2015, F, a responsible construction management engineer, prepared a construction project management report stating that “F, as a result of the actual construction management for the seventh portion of the instant construction works, recognizes that the entire construction works have been completed in accordance with construction design drawings, quality control standards, and other agreements, as a result of the construction management from February 16, 2015 to November 10, 2015.”

As a result of the inspection on November 17, 2015, the Plaintiffs, who were appointed as completion inspection officers, on November 17, 2015, recognize that the construction design documents, quality control standards, and other arrangements were completed without being followed.

Provided, That the inspection of the buried part after construction, such as the underground and the inside of the underwater structure or the reservoir, shall be conducted in the attached construction project management report.