벌점부과처분취소
1. The Defendant’s disposition of imposing penalty points to the Plaintiffs on May 19, 2016 shall be revoked in entirety.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff Company A (hereinafter “Plaintiff A”) is a company that runs the comprehensive architectural design and supervision business, and both Plaintiff B and C are supervisory members who are employees of Plaintiff A.
B. The Lighting-si decided to establish the F Library of the size of the first floor and the fourth floor above the ground in the site in the Mariwon E Park in the Mari-si, Gwangju-si (hereinafter “instant Library”).
On March 3, 2014, the Gwangju-si contracted construction, civil engineering, landscaping, and machinery construction among the Construction Works of the Library in this case to one company and one company, and entered into a goods contract on the supply and installation of the metal panel necessary for the construction of the Library in this case with the E.S. Construction Co., Ltd. (hereinafter “E. Construction”) on May 22, 2014
(hereinafter referred to as the “instant construction”) the delivery and installation of the said metal panel;
On March 10, 2014, the Gwangju-si concluded a service contract between Plaintiff A and Plaintiff A to perform construction supervision services (hereinafter “instant service contract”) with respect to the overall construction works of the instant library from March 20, 2014 to January 19, 2016.
(B) In relation to the instant service contract, the instant service contract was extended on two occasions to May 15, 2016 through a modified contract. In relation to the instant service contract, Plaintiff B performed duties as a responsible supervisor, and Plaintiff C performed duties as a technical assistance supervisor.
On March 15, 2016, based on Article 53 of the Construction Technology Promotion Act with respect to the instant service contract, the Defendant notified the Plaintiffs of the prior disposition that each of the given points five points will be imposed on each of the given points for the following reasons:
(hereinafter referred to as “prior Notice”) - - 2.1 cases where any failure has occurred in the planning process due to the omission or the delay in the inspection work (one point) - cases where supplementary work is required due to the neglect in the review of documents 2.9 - 2.10 construction management guidelines, etc.