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(영문) 수원지방법원 2018.11.20 2018구합62080
과징금부과처분 등 취소
Text

1. The Governor of the Gyeonggi-do shall request the revocation of the imposition of the credit rating for the prior examination of participation in bidding.

Reasons

1. Details of the disposition;

가. 원고는 토목건축공사업 등을 목적으로 설립된 회사이다.

B. On August 27, 2015, the Plaintiff entered into a construction contract with the Defendant Korea Land and Housing Corporation for the construction sections 14 sections of the Osan Sejong 5BL D Down Housing Construction Work.

C. On February 22, 2017, the Plaintiff subcontracted the construction cost of KRW 253 million for the instant construction work to the order construction company (hereinafter “instant order construction”) that was registered only for painting construction business (hereinafter “the instant order construction”).

On December 20, 2017, the Defendant: (a) ordered the Plaintiff to take a penalty surcharge of KRW 19,867,000 (hereinafter “instant disposition”) in accordance with Article 82(2)3 of the Framework Act on the Construction Industry on the ground that the Plaintiff violated Article 25(2) of the said Act by subcontracting the instant external heat construction project to a group of construction without registering the type of business corresponding to the details of the construction project; (b) on the ground that the Plaintiff violated Article

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. We examine whether a request for revocation of a disposition imposing a new humanitarian point is lawful, ex officio, as to whether the imposition of a new humanitarian point constitutes an administrative disposition subject to appeal litigation.

Article 6 (1) and attached Table 3 of the "Standards for Prior Examination of Qualifications for Participation in Tender of Public Procurement Service", which is the operation criteria for the prior examination of qualifications for participation in bidding for facilities construction executed by

A. 1) A. A. According to Article 80 of the Enforcement Decree of the Framework Act on the Construction Industry and Article 80 [Attachment 6] of the Enforcement Decree of the Framework Act on the Construction Industry among those who have been subject to the imposition of a penalty surcharge under the Framework Act on the Construction Industry during the last one year in determining the technical construction performance items and allocation criteria for each field of construction work subject to prior examination.

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