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(영문) 전주지방법원 2018.08.08 2017구합2568
벌점부과처분취소의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 1, 2005, the Ministry of Environment decided to carry out the following projects (hereinafter “instant projects”) under the Act on Public-Private Partnerships in Infrastructure for the reduction of costs for sewage treatment and the improvement of the quality of the Geum River and Saemangeum basin.

The contents of business: The project cost for building a drainage system, and monitoring system: the construction period of KRW 70.8 billion (construction cost of KRW 64.8 billion), from January 3, 2008 to June 29, 201: The construction period of KRW 70.8 billion: the construction period of KRW 70.8 billion: The construction period of Yongsan-gun Construction Co., Ltd., Ltd. and six supervisory officers: The construction company and the limited company: the construction period of KRW C: the supervision period of December 26, 2007 to July 16, 201: June 29, 201.

The Plaintiff, as a supervisor of the instant business, was in charge of the supervision of the instant business as C’s responsible manager.

C. After the completion of the instant project, a civil petition for fraud, such as deception due to the difference in the construction site situation and the construction cost, was continued. Around 2013, the audit and investigation of the instant construction project was conducted. On December 30, 2013, the Plaintiff was subject to a non-prosecution disposition on the charge of having been suspected of committing fraud.

On July 14, 2017, the Plaintiff was not subject to a disposition of non-prosecution on the charge of committing a violation of the Aggravated Punishment of Specific Economic Crimes Act (Fraud).

On August 22, 2017, the defendant reviewed the disposition of imposing penalty points based on the results of audit and investigation, did not impose any separate administrative disposition on the trial work, and imposed penalty points on the plaintiff and the supervisor on August 22, 2017 on the ground that negligence of supervision and examination of design changes are neglected.

When the Plaintiff raises an objection to the imposition of penalty points, the Defendant dismissed the Plaintiff’s objection on October 13, 2017 and imposed two points of penalty points pursuant to Article 53 of the Construction Technology Promotion Act and Article 87 of the Enforcement Decree of the Construction Technology Promotion Act (hereinafter “instant disposition”).

[Ground of recognition] There is no dispute.

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