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(영문) 서울고등법원 2020.11.06 2020누38784
벌점 부과처분 취소청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance, citing this case, is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows, and thus, it shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The Framework Act on the Construction Industry, which was in force on March 23, 2017, was amended by Act No. 14015 on February 3, 2016, and the Framework Act on the Construction Industry, which was in force on March 23, 2016, was amended by Act No. 14015, several times since March 23, 2017, “before amendment by Act No. 16415, Apr. 30, 2019,” which was amended by Act No. 15306, Dec. 26, 2017. However, the provisions of the Framework Act on the Construction Industry applicable to this case, which were in force on convenience, were amended by Act No. 14015, Mar. 23, 2017.”

At the third bottom of the judgment of the first instance, the first instance court added “(hereinafter referred to as “the first instance court”) to “the review of the propriety of the case.”

The fourth-class 8 to 16 of the first instance judgment are as follows.

[2] Accordingly, on November 8, 2018, the Defendant issued a notice to the Plaintiff A, 0.6 points to the Plaintiff, 0.4 points to the Plaintiff, and 1 points to the Plaintiff C (hereinafter “instant disposition”), and as a result, Article 53 of the former Construction Technology Promotion Act, Article 87(5) [Attachment 8] of the former Enforcement Decree of the Construction Technology Promotion Act (amended by Presidential Decree No. 29360, Dec. 11, 2018; hereinafter “former Enforcement Decree of the Construction Technology Promotion Act”) and Article 87(5) [Attachment 8] of the “standard for the measurement of penalty points for construction works, etc.” and “B”.

"Standards for the measurement of penalty points for construction project management service providers and construction project management service engineers who perform construction project management in the construction phase" in 2.18.

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