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(영문) 서울행정법원 2019.11.08 2018구합84270
건설기술자 업무정지처분 취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is serving in the Seoul Metropolitan Government Urban Railroad Corporation (hereinafter “Seoul Urban Railroad Corporation”) from September 1, 1994 to December 31, 2014.

It is a construction engineer who has qualifications for retired and construction works prescribed in the relevant statutes.

B. On September 2017, the Government Government Government Government Government Government Policy Coordination Coordination Monitoring Group requested the Seoul Transport Corporation (Seoul Matro and Seoul Urban Railroad Corporation was merged and established on May 31, 2017) to verify the Plaintiff’s career experience when conducting the Government’s joint control over the falsity of career reported by construction engineers retired from public institutions and administrative agencies (hereinafter “instant control”).

The Seoul Transport Corporation confirmed that seven reported experiences, such as the attached Table 1 (hereinafter referred to as “the career of this case”) were different from the facts, and requested B Association to delete them. The Association deleted the above career and requested B Association to issue an administrative disposition in accordance with the relevant statutes to the Defendant.

C. On October 25, 2018, the Defendant filed a false report with the Plaintiff on the career of the instant case on September 30, 2013 and October 7, 2015, on the ground that: (a) Article 6-4(1)1 of the former Construction Technology Management Act (wholly amended by Act No. 11794, May 22, 2013; (b) Article 6-4(1)1 of the former Enforcement Rule of the Construction Technology Management Act (wholly amended by Ordinance of the Ministry of Land, Infrastructure and Transport, No. 94, May 22, 2014; and (c) Article 10(1) [Attachment 3] of the former Enforcement Rule of the Construction Technology Management Act (Amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 154, May 23, 2014); (c) Article 10(1) [Attachment 2] of the former Enforcement Rule of the Construction Technology Management Act (Amended by Ordinance of the Ministry of Land, Infrastructure and Transport and Transport, 25194]

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