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(영문) 대전고등법원 2015.10.22 2015누10900
벌점부과처분 무효확인 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. (1) The defendant is the Corporation which is the construction of the industrial accident (hereinafter referred to as the "accident of this case") which is considered to be below, and the Construction of the Southern High-speed Speed D Construction Works and other Construction Works (hereinafter referred to as the "Construction Work of this case").

(i) is a contracting agency that has ordered the Act;

(2) On January 9, 2014, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and Samsung Construction Co., Ltd. (hereinafter “N was appointed as a manager upon receipt of the decision to commence rehabilitation procedures from the Seoul Central District Court (2013 Gohap291) and the administrator N was appointed on April 3, 2015, and became the Plaintiff by taking over the instant litigation procedures; hereinafter “the aforementioned company and its manager was not divided into the Plaintiff or the contractor and was appointed as the Plaintiff or the contractor”; hereinafter “Plaintiff”) Coul Global Ltd., Sungwon Global Ltd., Sungwon Industrial Development Co., Ltd. [the Plaintiff was appointed as the manager after obtaining the approval to commence rehabilitation plans from the Suwon District Court (2010 Mahap17, Apr. 6, 2011). The Plaintiff Co., Ltd is a construction engineer affiliated with Plaintiff A, who jointly received the instant construction works (hereinafter collectively referred to as “City Corporation”).

B. (1) On May 4, 2013, around 10:03, the Plaintiffs: (a) were engaged in the work of installing a house (hereinafter “instant work”) which is a process of construction, such as the construction of the construction section for the high-speed high-speed rail D Section; (b) the construction of the construction site; and (c) were engaged in the work of cutting up the house and moving the house to a construction site’s installation site; and (d) the equipment related to the instant accident is a type of a back he and a bac he. The equipment used the back type that is the DX300-C-3, which is produced by the two infrastructure coaches.

Construction heavy equipment, which look at the left side of the instant accident, is the same kind as white booms related to the instant accident, and excavation work is mainly performed by installing a kind of insertion “Blk” at the end of boom boom, or earth and sand truck.

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