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(영문) 서울고등법원 2018.11.23 2018누43462

영업정지처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff’s execution of road expansion works ordered by the Construction Management Headquarters of Daejeon Metropolitan City, together with Company B and C, performed the following construction works ordered by the Daejeon Metropolitan City Construction Management Headquarters (hereinafter “instant construction works”).

The name of a construction project: D: 15,164,813,510,747 2,66, and 06 December 27, 2012, 20, E-dong E-dong E-dong: Road Expansion L=0.54m, B-35m (including bridge L=308m) divided construction costs (15,164,813,510,747 2,654, and 06: < Amended by Presidential Decree No. 23506, Dec. 31, 2015; Presidential Decree No. 24875, Dec. 31, 2015; Presidential Decree No. 23580, Jun. 14, 2012; Presidential Decree No. 25807, Jan. 29, 2016; Presidential Decree No. 2582, Mar. 13, 2013; Presidential Decree No. 258513, May 21, 2013, 201, -

B. During the instant construction, the aforementioned construction companies, including the Plaintiff, etc. (hereinafter “joint supply and demand companies of the instant construction”) including the Plaintiff, etc., among the instant construction works, performed the instant construction works, unlike the design drawings, 28 or 19 of earth mounds, which are the main facilities when executing the instant construction works from around 2003 to around 204, and 19 of the base of a bridge (hereinafter “construction”) were omitted construction, unlike the design drawings (hereinafter “construction of the instant provisional facilities,” and the said omitted construction is referred to as “construction”). The details of the instant omitted construction are the same as indicated in the plan plan plan drawings of the instant facilities.

In the process, the ordering authority was paid 18,282,00 won for the omitted construction of this case by the ordering authority without notifying the fact to the supervising authority or undergoing the design modification procedure accordingly.

C. On April 2015, the Anti-Corruption and Civil Rights Commission and the Daejeon District Police Agency are subject to a summary order and suspension of indictment regarding the omission and performance of the instant case.