E. E.S. Corporation (Law Firm Chungcheong, Attorney Kim Jung-up, Counsel for the plaintiff-appellant)

The Minister of Public Administration and Security (Attorney Park Jong-chul, Counsel for the plaintiff-appellant)

June 28, 2011

Seoul Administrative Court Decision 2010Guhap15704 decided October 7, 2010

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of business suspension from May 1, 2010 to June 15, 2010 against the plaintiff on March 29, 2010.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning this case is as follows. Except for the addition of the following judgments with respect to the matters asserted by the Plaintiff in the trial, the part concerning the reasoning of the judgment in the first instance is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. Thus, this Court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts in height:

[A] Article 2 Subparag. 3 of the Information System Act defines “Supervision” as requiring an independent person from the interest of a supervising entity and a supervisor to comprehensively inspect and improve the issues relating to the construction of an information system from a third party perspective in order to improve the efficiency and safety of the information system. Article 11(6) of the Information System Act delegates the scope of duties of a supervising entity to Presidential Decree. Each subparagraph of Article 12(1) of the Enforcement Decree of the Information System Act (amended by Presidential Decree No. 22151, May 4, 2010) stipulates that the scope of duties of the supervising entity shall be set and the supervisory entity’s notification of the results of supervision measures” as the procedure for performing the duties prescribed in Article 11(1). In addition, Article 11(4) of the Information System Act provides that a supervising entity, an ordering entity, and a supervisor, who is an entity placing an order for supervision and supervision, shall not be obliged to inform the supervising entity of the details of the information system, including the report on supervision and the plan for supervision measures.

B) However, the following circumstances are: ① (a) the content of the business of the supervising corporation and the purpose of the Information System Act requiring the supervising corporation to prepare a supervision report; (b) the supervision report prepared as part of the supervision; (c) the confirmation report on the measures taken by the supervising corporation is an important document to determine whether the ordering corporation properly completed the information system construction project; and (b) even if the supervision report and the confirmation report on the measures taken by the supervising corporation are otherwise provided for in the Information System Act, it does not distinguish the report prepared as part of the confirmation on the results of supervision measures; (d) the supervision report under the Information System Act does not include the supervision report and the confirmation report on the results of supervision measures taken by the supervising corporation after the completion of supervision; (c) if the supervision report under the Information System Act excludes the supervision report prepared after the confirmation on the results of supervision measures taken by the supervising corporation, such report shall not be deemed to include any unreasonable administrative measures taken by the supervising corporation as part of the supervision report; and (e) if the supervision report under the Information System Act does not include the supervision report prepared in the Information System Act 200.

C) In the instant case, the instant service agreement includes confirming the result of corrective measures regarding the scope of supervision services to be performed by the Plaintiff under the instant service agreement. Therefore, the instant confirmation report prepared by the Plaintiff constitutes “supervision report” as stipulated in Article 13(2) of the Information System Act.

D) Therefore, it is difficult to accept the Plaintiff’s Chapter 1.

3. Matters to be judged additionally;

A. The plaintiff's assertion

(1) As to the procedural defect of the disposition

Article 23(1) of the Administrative Procedures Act provides that a disposition that acknowledges all the contents of the application is a disposition that accepts the application as it is, “a simple and repetitive disposition or minor disposition, where the relevant party clearly knows the grounds therefor,” or “in case of urgency,” an administrative agency shall present the grounds and reasons to the relevant party at the time of rendering a disposition. The grounds and reasons to be presented at the time of an administrative disposition refer to the relevant statutes and facts, and in case where the relevant laws and regulations or facts are recorded, the procedural defect is illegal.

However, in the instant administrative disposition statement, “A report on confirmation of the results of supervision” is written differently from the fact that the editing function, etc., which is the offline of the electronic road map, was sufficiently developed when supervising the standard nanotechnology project. The instant report does not state “reasonablely developed” in the instant confirmation report, and there is no presentation that certain part of the said confirmation report is different from the fact, and the Plaintiff or interested parties cannot understand it differently. Thus, the instant disposition is merely an abstract fact-finding. Accordingly, the instant disposition is unlawful as it violates Article 23(1) of the Administrative Procedures Act.

(2) As to the substantive defect of the disposition

In preparing the final supervision report of this case, the Plaintiff clearly stated 9 of the error function of the work performed by the road information system, which is a business executor, as well as stated that the corrective measures were implemented as to 5 of the nine categories indicated in the instant confirmation report, and did not indicate that the instant project was appropriately developed. Accordingly, the instant disposition is unlawful on the grounds that there were no grounds for the disposition, and thus, there is no substantive defect.

(3) As to the deviation and abuse of discretionary power

Even if some facts are entered in the confirmation report of this case prepared by the plaintiff, they are extremely minor parts, and they are deemed to be different from the facts by intervention in subjective judgments, and they are not judged differently from the facts from the facts from the objective point of view. The plaintiff's receipt of the consideration for supervision of this case is merely 20 million won, where the disposition of this case ordering suspension of business for 45 days becomes final and conclusive, the plaintiff as a supervising company will suspend its business for the above period, and the plaintiff as a supervising company will not be re-able because they suffered enormous business losses due to the disadvantage in bidding process for 3 years in the future, due to the reasons for sanctions, and 40 employees' livelihood are affected severely, even if considering the public interest purpose to be achieved thereby, the disposition of this case is excessively harsh and it is an abuse of discretion.

B. Determination

(1) As to the procedural defect of the disposition

Article 23(1) of the Administrative Procedures Act provides that an administrative agency shall present the basis and reasons for a disposition to the parties when it takes a disposition. This purport is to exclude arbitrary decisions of the administrative agency and allow the parties to properly cope with the administrative remedy procedure. Thus, in full view of the contents stated in the written disposition, related Acts and subordinate statutes, and the overall process up to the disposition, in a case where it is acknowledged that there was no particular hindrance to the party's moving into the administrative remedy procedure due to objection, it cannot be said that the disposition is unlawful, unless the grounds and reasons for the disposition are specified in the written disposition (see Supreme Court Decision 2007Du20348, Dec. 10, 2009, etc.).

However, according to the statement No. 1 of this case, it is recognized that the administrative disposition issued by the defendant to the plaintiff in the disposition of this case contains the following contents:

In accordance with Article 16 (1) 7 of the Act on the Efficient Introduction, Operation, etc. of Information System (hereinafter referred to as the "Information System Act") and the criteria for administrative disposition of attached Table 2 of the Enforcement Rule of the same Act, the time for implementation of the business suspension order shall be followed as follows:

○ Details of the disposition

- (State) 1.5 months of the suspension of practice against Espitus

○ Disposition Period: from May 1, 2010 to June 15, 201

○ Grounds for Disposition: Preparation of false supervision report.

- - prepare a “report confirming details of the measures taken by supervision” different from the fact that the editing function, etc. of the electronic road map was well developed, even though it was aware that it was poorly developed at the time of supervising the standard nanotechnology link project.

○ Measures to be Taken in the future (see Attachments)

- Submission of supervision corporation registration certificates: up to May 3, 2010

- Notice of Disposition: immediately notify the agency awarding the previous contract;

* continue to perform the duties of pre-disposition contracts pursuant to Article 17(1) of the Information System Act

According to the above facts, the defendant clearly presented the basis laws and regulations that serve as the basis for the administrative disposition in the disposition of this case, and ② The reason for the disposition of this case was "to prepare the confirmation report of this case differently from the fact that it was properly developed with the knowledge that the editing function, which is the offline of the electronic road map, was poorly developed in the course of supervising the business of this case," and ③ since the editing function of the electronic road map is related to the mind, link and link editing, it can be sufficiently determined that the above contents alone are sufficiently known as to what causes the plaintiff's part of the supervision performed during the course of the disposition of this case, and when considering the contents investigated by the plaintiff during the process of the disposition of this case, it can be sufficiently known that the plaintiff was made for any reason at the time of the disposition of this case. Accordingly, it cannot be said that the disposition of this case was in violation of the procedure of violation of Article 23 (1) of the Administrative Procedures Act, and thus,

(2) As to the substantive defect of the disposition

(A) Facts of recognition

In full view of the purport of the entire pleadings, the following facts are acknowledged in Gap evidence Nos. 7, 8, and Eul evidence No. 1.

① The Plaintiff, after undergoing a prior inspection from July 1, 2007 to July 7, 2007, conducted supervision over the instant project from July 9 to December of the same month, and prepared and submitted the instant final supervision report to the Korea Land Research Institute, which is an ordering agency.

② The final supervision report of the instant case contains the following descriptions:

“○ General Opinion”

In order to facilitate the mutual compatibility of traffic information constructed by local government, it is in operation by establishing and operating the standard street/connection management system from 2004, and it is the purpose of this project to convert the standard street/connection program installed in the Ministry of Construction and Transportation into a web environment.

- In the field of project management and quality assurance activities, construction functions are not fully implemented as a result of ascertaining the project requirements in the written request for proposal and the content of the task. In other words, the functions such as Nowon/Linking ID have not yet been implemented, and the installation of GISD, which is the basis of system modernization, is insufficient. Therefore, prompt implementation of functions is required.

- In the application system sector, most of the functions of the excessive scope of business have been realized, but there are matters requiring improvement in terms of user convenience, which are found errors in the partial processing function in terms of the completion of the function, and some of the contents of the required technology are not reflected, so supplementation is required.

- In the database sector, the database was used to improve the standard Rod/Link management system of the Construction Transport Information Center and a water-work data conversion for the recycling of existing data.As a result of checking the adequacy of data modeling and design, there is a lack of consistency in the mutual relationship between data calculation products and a lack of modeling such as a part of data model, which is likely to cause a lack of integrity, due to a violation of the rules and work characteristics of some data modeling, and thus it is necessary to take measures for improvement.

○ Matters requiring improvement by supervision area

- Project Management and Quality Assurance Activities

As a result of examining whether the project is implemented in comparison with the task based on the RFP and the content of the task, it is necessary to promptly supplement and verify that there are many lack of skills.

In some cases, it is necessary to improve the contents of the negotiation document, which is a contractual requirement, because there is a lack of implementation plan.

In order to complete and maintain sufficient functions by the date of completion of the project, it is necessary to make prompt improvement because it is insufficient to solve the measures such as the establishment and implementation of the white industry, GIS/web server's load measures, etc.

- Application System Sector

Since there are errors in the function of the realized system and matters requiring improvement, supplementation is required.

It is necessary to prepare and supplement the test plan in detail and improve the system completion level through the test based on the test plan.

It is necessary to improve the completion level of the overall output through the maintenance of the integration and consistency of the output and to make prompt preparation of the unproduced output.

It is necessary to prepare a tracking list of the requirements to secure the trackingness of acceptance of the requirements.

- Data bees

It is necessary to supplement the consistency aspect in design and implementation and supplement the integrity between the local fora, and to define the code for the code for the code for the purpose.

It is necessary to establish a detailed conversion plan for the implementation of data (conversion) and the establishment of initial data and to establish the roles of the ordering agency and the development institution.

[Attachment 1-1] Results of inspection of whether preparation against tasks is implemented

(For example: completion of ○, need to supplement △△, X-US, - Object of exclusion)

2. Rod/Connection’s administrative boundary search ○○○○○○○○D individual grant of ID ○ ○○D, where the link with the administrative boundary search terms and conditions is insufficient to connect the search △△△△△ Link characteristics for the sections of the search △△△ Link, which are used in the sections of the search △△△△△ Link, to create ○○ ○○ ○○ Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Shed Shed Shed Shed Shed Shed Shed Shed Shed Shed Shed Shed Sheds

[....]

③ On July 20, 2007, the Plaintiff organized the results of the instant final supervision report, and submitted the instant confirmation report to the National Land Research Institute. The instant confirmation report contains the following details.

“○ General Opinion”

In most cases, most of the contents of the agreement, which is a part of the contract, requires prompt completion in the course of the agreement with respect to some matters, such as sub-examination due to simultaneous connection, among the contents of the agreement. Although the application system functions were confirmed to have been most of the pointed out, the application system functions were not yet applied to the system, and the application function to be applied to the system is not yet applied, and the connecting functions such as linkage and integration operation with the GPKI function and the ID/C Construction Transport Center website system and integrated operation require additional inspection in the operating environment.In relation to the output, most of the output are supplemented, but the requirement tracking is still being prepared, so prompt completion is required.

○ Results of confirming the details of measures

(Mandatory - If the measure has been duly completed or is being carried out in good faith in accordance with the formulation of a reasonable plan with respect to the measure for the measure, - insufficient - if the measure has not been completed or is insufficient without any special reason, with respect to the measure for the measure, or if the measure has been excluded from those subject to confirmation of details of the measure due to matters not reflected or recommendations)

- Project Management and Quality Assurance Activities

There are many lack of skills as a result of the examination of whether the project is implemented compared to the task based on the REP and the written content of the task, and it is necessary to make prompt supplementation and verification work. - The majority of the measures of the REP and some of the measures are appropriate.

In some cases, there is a lack of implementation plan for the details of the negotiation document, which is a contractual requirement, and it is necessary to improve it. - Among the measures of ‘>

In order to complete and maintain sufficient functions by the date of completion of the project, it is necessary to make prompt improvement because it is insufficient to solve the problems such as the establishment and implementation of a backup program, GIS/web server's load measures, etc.

- Application System Sector

There are matters requiring errors and improvement in the functions of the realized system, so supplementation is required. - The majority of the measures, some measures ->>

The test plan should be prepared and supplemented in detail, and the completion level of the overall output should be improved through the test based on the test plan. - The completion level of the measure is appropriate in the

It is necessary to improve the completion level of the overall output through the maintenance of the integration and consistency of the output and to make prompt preparation of the unsatisfyed output.-The completion of the measure - the proper (in need of continuous supplementation).

It is necessary to prepare a track list of the requirements to secure the traceability of the acceptance of the requirements - the completion of measures - the completion of measures - the preparation of a track list of the requirements

-Data base sector

It is necessary to supplement the consistency aspect in designing and realizing the database and to supplement the integrity between the local fora, and to define the code for the code fora. - The completion of measures in the

It is necessary to establish a detailed conversion plan for the implementation of data (conversion) and the establishment of initial data, and to establish the roles of the ordering agency and the development institution. - The completion of measures - the proper â

[Attachment 2-1] Test by function

(For example: completion of ○, need to supplement △△, X-US, - Object of exclusion)

2. Rod/Link’s administrative boundary search ○○ Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod 2.

[....]

④ According to the instant confirmation report, the Korea Research Institute of Human Resources thought that most of the points pointed out in the original final supervision report of this case were corrected, and that the electronic road guidance management system would be operated normally, and completed the instant project.

⑤ After that, even though the petition-day highway was opened, the Korea Highway Corporation could not revise and renew the electronic road map, and it was possible to revise and renew the map on December 26, 2008. The Korea Transportation Safety Authority has made 65,00 links among 229,00 links nationwide until May 27, 2009, and only 65,00 links among 229,00 links (including 13 local governments, such as Seoul Special Metropolitan City, etc., and 6 Metropolitan Cities, Incheon Metropolitan Cities, and original cities, etc., and 28% of the utilization of road information) are insufficient (including 28% of the utilization), and it is still insufficient editing and verification functions of the off-line, making it possible for the Korea Transportation Safety Authority to revise and renew the road map on December 26, 2008.

(6) In addition, the Korea Research Institute of Land and Transport opened a web management system on December 11, 2007 through regular opening of the web management system to the Korea Transportation Safety Authority, which is the entrusted operating institution of the Ministry of Land, Transport and Maritime Affairs, intended to transfer all the details of the system to the Korea Transportation Safety Authority, which is the entrusted operating institution of the Ministry of Land, Transport and Maritime Affairs. However, the Korea Transportation Safety Authority requested the Korea Research Institute of Land,

7. When the budget waste, etc. due to the above poor development of the information system came to an issue, the Board of Audit and Inspection conducted an audit on the informatization projects of the government ministries from April 27, 2009 to May 27, 2009, and around August 2009, it demanded the Defendant to prepare measures to impose sanctions against the Plaintiff through the "written request for disposition on the audit result" and caused the instant disposition.

(8) In the instant project pointed out by the Board of Audit and Inspection in the “written request for disposition as a result of audit and inspection”, the functional specifications shall be as follows:

In the case of editing, verifying, dividing, or combining editing links, which are the details of the detailed functions included in the main sentence, and the type and characteristics of the links, such as the editing, verification, and deletion of links, and for editing errors, which have occurred during the editing process, which are the data verification process that add the characteristics of the links to reflect the integrated contents of the links, are not reflected in the package, and at least 50% of the data verification process and the turg’s selection of the “turg” method, the failure, causes, and measures are shown in the failed message screen of the “Nodilty verification” after creating the link, and where it is proved that there is no material to verify the failure and method of action, and that the results of the re-verification of the re-verification of the link have been given to all local governments (Seoul National Land Management Office) by 1% or more of the frequency of the re-verification of the messages (at least 20% of the number of times of the re-verification of the new messages and the number of times of the re-verification of the messages (the 30%).

(B) Determination

In light of the above facts and circumstances, i.e., (i) the Plaintiff’s initial report on construction of the 20th anniversary of the completion of the instant project, which was difficult to find out by the 20th anniversary of the above facts, and that the Plaintiff’s final report on construction of the 2nd audit and inspection system cannot be seen as having been corrected within a short period of 7 days as alleged in the instant report or the Plaintiff’s final report on construction of the 2nd audit and inspection system; (ii) the 2nd report on construction of the 3nd report on construction of the 4th report on construction of the 2nd report on construction of the 4th report on construction of the 2nd report on construction of the 4th report on construction of the 2nd report on construction of the 2nd report on construction of the 3nd report on construction of the 4th report on construction of the 2nd report on construction of the 3nd report on construction of the 4th report on construction of the 3nd report on construction of the 4th report on construction of the 2nd report on construction of the 3th report.

(3) As to the deviation and abuse of discretionary power

According to Article 16(1)7 and (2) of the Information System Act, Article 6(1) [Attachment 2] 2(g) of the Enforcement Rule of the same Act, where a supervisory corporation prepares a false supervisory report, it shall be subject to a disposition for three months of business suspension. According to the general standard item (c) of subparagraph 1, an administrative disposition authority shall take into account the motive, content, frequency, degree of violation, etc. of the act of violation, and make it more or less to the extent of 1/2 of the standards for business suspension. Thus, the disposition of business suspension on 15th of a month against the Plaintiff is imposed by applying mitigation under the above Acts and subordinate statutes, and public interest aspects such as the public nature of the project of this case, financial losses caused by the failure of the project of this case, and inconvenience suffered by the people. In full view of all circumstances such as the Plaintiff’s business experience during the period of the business, consideration for supervision of this case, the Plaintiff’s economic situation, and the preparation of the confirmation report of this case.

4. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Chang-suk (Presiding Justice)