벌점 부과처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the Plaintiff’s position 1) The “D New Construction Work” (location: E in e in sified City; hereinafter “instant Construction Work”) performed by C (hereinafter “C”) and ordered by B and C (hereinafter “C”).
(ii) the scale of the construction of the instant construction project is as follows.
B. (1) Accidents occurred. Around June 10:30 on June 26, 2019, F Co., Ltd. (hereinafter referred to as “F”)’s employees, who contracted to supply and demand concrete building works from C, are under construction of a floor slab (tecplate: tecplate) concrete building works at the 6,10th floor of G G-based knowledge industry center G-based industry center among the instant construction works, and four employees of FF, who were working above, fall into the first floor of the underground floor with a height of 7.2 meters (hereinafter “instant accident”).
C. After the instant accident, the Ministry of Land, Infrastructure and Transport constituted a joint investigation group after investigating the details and causes of the instant accident, and submitted an accident investigation report (Evidence B No. 1) on July 2019.
2) On July 25, 2019, the Defendant notified the head of the Seoul Regional Construction and Management Administration under the jurisdiction of the Ministry of Land, Infrastructure and Transport of the results of the accident investigation, based on the notification process, and after going through the prior notification procedure, on September 30, 2019, imposed penalty points on the Plaintiff, etc. in accordance with Article 53 of the Construction Technology Promotion Act (hereinafter referred to as the “instant disposition”) as follows.
D CH AI [No dispute over recognition, Gap evidence 2 to 5, Eul evidence 1 to 4], the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The plaintiff's gist of the plaintiff's assertion is that the plaintiff faithfully performed the supervision at the construction site of this case, and in particular, it is appropriate to confirm the safety and performance certificate of the system sharing system, which is a temporary facility, and the structural review report, which is examined by the structural professional engineer.