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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Whether construction works constitute “in a case where defective construction works are performed” under Article 82(2)5 of the Framework Act on the Construction Industry (ground of appeal Nos. 1 and 3)
(a) Article 82 (2) 5 of the Framework Act on the Construction Industry shall provide for an order to suspend construction works, fixing a period not exceeding one year, or a penalty surcharge may be imposed in lieu of the suspension of business, in cases where a constructor conducts a disposition to suspend business or impose a penalty surcharge under Article 82 of the same Act, the standards for the suspension of business, the period of business, the amount of penalty surcharge, and other necessary matters depending on the type and degree of the violation, in accordance with Presidential Decree;
Article 80(1) [Attachment 6] of the former Enforcement Decree of the Framework Act on the Construction Industry (Amended by Presidential Decree No. 29877, Jun. 18, 2019) upon delegation from the authority, the “standards for the imposition of business suspension and penalty surcharge” (hereinafter referred to as “standards for the disposition of expulsion”)
2. Individual standards:
A. Article 82(2)5 of the Framework Act on the Construction Industry (20) provides that a business suspension order shall be issued for two months, “in the event that construction works do not meet the standards for intention or negligence or use defective materials below the quality prescribed in the design,” by subdividing the types of violations under Article 82(2)5 of the Framework Act on the Construction Industry. B. The lower court, in the course of performing the instant D construction works ordered by the construction management headquarters of Daejeon Metropolitan City by the Plaintiff, did not inform the ordering authority in advance or undergo the necessary design change procedure, and constructed construction works by omitting 28 sn beam beams (19 sn beams) which are installed for the foundation of a bridge without any necessary design change procedure, where construction works do not meet the standards for design intentionally or by negligence, as prescribed by Article 82(2)5 of the Framework Act on the Construction Industry.