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(영문) 서울고등법원 2018.05.11 2017누71811
벌점부과처분무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "this case's disposition" in Chapter 3 of the judgment of the court of first instance shall be deemed as "prior disposition"; "attached 4, 3, and 4 shall be the same as the other part except for the neglect items of concrete l.15 among the detailed contents of the attached Table 1," "No. 7 certificate (including various numbers)" in the attached Table 5, 6 and 7 shall be deemed as "No. 7"; "whether there is any poor construction due to leakage of water" in Chapter 7 shall be deemed as "whether there has occurred water leakage due to flood failure"; "No. 8 of the judgment of the court of first instance" in the attached Table 16 shall be deemed as "No. 9 of the judgment of the court of first instance"; "No. 8 of the court of first instance" in the attached Table 16 shall be deemed as "No. 9 of the judgment of the court of first instance"; "No. 16 of the Construction Technology Management Act" in the attached Table 19 shall be deemed as "No. 10 of the judgment.

2. Additional matters to be determined;

A. The plaintiff, whether it is an administrative disposition by an unqualified person, asserts that the given points under Article 21-4(1) of the former Construction Technology Management Act should be imposed by the Minister of National Defense, not by the defendant, but by the Minister of National Defense. Unless the defendant was delegated by the Minister of National Defense, the instant disposition is invalid as an administrative disposition by an unqualified

However, Gap evidence Nos. 14, 16, 17, and Eul evidence No. 3.

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