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(영문) 서울행정법원 2016.09.30 2016구합55964

벌점부과처분취소청구

Text

1. On December 7, 2015, the disposition imposing one points given by the Defendant to the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 25, 2014, the Plaintiff entered into a contract for construction project management with the National Armed Forces Contract Official on 84 construction works, including the construction of a new indoor shooting range (hereinafter “instant construction”) that the Defendant ordered the 1st (the weak in the Gwangju Mine Zone, located in the Gwangju Mine District) (hereinafter “instant construction”).

B. On July 18, 2015, around 07:00, there was an accident in which one of the workers, who performed the dismantling work at the construction site of the instant case, fell from the vision and died (hereinafter “instant accident”).

C. On December 7, 2015, the Defendant: (a) on the ground that “the Plaintiff was obligated to dispatch a responsible engineer to the construction project management service company in the instant construction site; (b) the Plaintiff, despite its duty to supervise the construction work site; (c) the contractor, at his/her discretion, voluntarily prepared a daily safety work site one time every two days in the column for the confirmation of the installation of safe accidents for the prevention of fall; (d) the maintenance of the records and the report’s failure to inspect or poorly check the performance state of the construction work; and (e) caused a disturbance in the planning process from the instant accident to the time of the instant accident after the instant accident.”

5.2

applying 2.10 to the paragraph 2.10, giving one point.

(hereinafter referred to as “instant disposition”). . [Grounds for recognition] without dispute, Gap evidence 1 through 3, Eul evidence 1, 2, 6, and 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not neglect the record keeping and reporting on the grounds of the disposition.

The service contract awarded by the Plaintiff constitutes a "integrated construction management," which places an order for a project management service for various construction sites under a single contract, and thus, the supervisor cannot be stationed at the construction site. The instant accident occurred before the supervisor's attendance time, and the dismantling work for franchising shall be present at the supervisor.