부실벌점부과처분취소 등
The judgment of the court of first instance is reversed and the judgment is revoked.
All of the instant lawsuits are dismissed.
The total cost of the lawsuit shall be the cost of the lawsuit.
The grounds of appeal are examined.
1.(a)
An administrative disposition subject to an administrative litigation means an act under public law conducted by an administrative agency, its affiliated agency, or a public institution delegated or entrusted with administrative authority under the Acts and subordinate statutes by exercising the public authority on matters related to the rights and duties of the people; even if such act is an act limiting the rights of the other party, it shall not be deemed an administrative disposition unless it is an act of an administrative
(see, e.g., Supreme Court Decisions 98Du14822, Feb. 9, 199; 2010Du137, Nov. 26, 2010). (b)
The judgment below
According to the reasons and records, the following facts are revealed.
① On November 9, 2012, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and the Defendant ordered “C New Corporation” (hereinafter “instant Corporation”).
As to “instant contract”, the contract amount was KRW 1,050,000 (which changed to KRW 921,000,000,000) and entered into a responsible supervision service contract (hereinafter “instant contract”) with respect to “A,” and the Plaintiff B was the responsible supervisor of Plaintiff A.
② On November 6, 2013, the Defendant notified the Plaintiffs of the fact that the Defendant imposed one of the inadequate penalty points on the grounds of “unfair construction of cable cables”.
(hereinafter referred to as the “instant penalty points”). The Defendant stated “Article 27-2 of the Enforcement Rule of the Electric Technology Management Act, the Defendant’s “Standards for Imposition of Non-compliant penalty points in the field of electricity and information and communications” (hereinafter “instant standards for imposition”), and the [Attachment Table 4] of the detailed standards for project performance evaluation and management standards for defective penalty points, such as design construction supervision, [Attachment Table 4] in attached Table 2.8 and 2.9.”
(3) The public notice of this case shall be given to the Ministry of Knowledge Economy.