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(영문) 서울행정법원 2019.11.01 2019구합55194
업무정지취소처분 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) A period of voluntary report: A period of time from July 31, 2018 to January 31, 2019: An incumbent construction engineer belonging to the contracting authority who falls under subparagraph 6 of Article 2 of the Construction Technology Promotion Act - In the case of a person notified of the results of joint inspection of experience as a public official of the former and incumbent construction engineer of the central government and local governments, only that has been reported after October 1, 2017: Provided, That a corrective report on the duties in charge (level of responsibility) shall also include the matters prior to September 30, 2017: (i) a period of time (including temporary retirement, removal from position, etc.) for which a person is subject to voluntary report is not assigned; (ii) a period of time (including temporary retirement, removal from position, etc.) for which another agency (department) is under the control of his/her career experience; (v) a method of receiving other voluntary report by correcting his/her work experience and responsibility; (v) a document submitted to an institution entrusted with management where he/she is under management.

(See Evidence A 5. - Personnel record card - A - a seal imprint, seal imprint, proxy visit, or mail receipt - A documents receipt office based on other reported details: When a voluntary report is filed by each of the relevant agencies entrusted with the career management of the relevant engineers: Suspension of business of a false report and fines for negligence exempt from disposition and administrative punishment: Disposition (not subject to exemption).

On the other hand, on July 31, 2018, five institutions entrusted with career management, including the Ministry of Land, Infrastructure and Transport and the Association, posted the following outlines of “the guidance for the operation of false career reporting to construction engineers (Evidence A5)” on the B Association website, and publicly announced the purport that they exempt them from business suspension due to false reporting.

The period of such voluntary declaration.

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