logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.06.30 2015구합67359
부실벌점 부과처분 취소
Text

1. The Defendant’s disposition of imposing penalty points to the Plaintiff on May 6, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

3.

Reasons

1. Details of the disposition;

A. The Minister of National Defense, pursuant to the Act on Public-Private Partnerships in Infrastructure, carried out a construction project of “land-gun Do-gun Do-gun Y and its executives accommodation” (hereinafter “construction project of this case”) where the military personnel working in the military unit located in this thousand area, etc. and their family members live therein.

On August 12, 2010, the Defendant, who belongs to the Minister of National Defense, established and publicly announced the instruction for proposal for private investment in the instant construction project.

In addition, on June 22, 2011 according to the plan, the concession agreement was concluded with the Echeon Uniform Cash Co., Ltd., and the said corporation was designated as the concessionaire of the instant construction project.

B. On April 27, 2012, the said stock company entered into a contract for construction works with four companies, including the Plaintiff, who is the constructor.

According to the contract, the Plaintiff was to construct nine official residences of the fourth floor size (101 to 109 units, and a total of 200 units; hereinafter “instant official residence”) in the Echeon Area with the construction period from May 11, 2012 to December 18, 2013, where the military personnel, etc. belonging to the Aviation Operation Headquarters reside.

In addition, the construction has been carried out according to the above contract and the instant official residence was completed around December 2013.

C. On May 6, 2015, the Defendant: (a) issued a disposition to impose seven points with penalty points on the Plaintiff (hereinafter “instant disposition”) pursuant to Article 53 of the Construction Technology Promotion Act, Article 87 of the Enforcement Decree thereof, and Article 47 of the Enforcement Rule thereof, on the ground that “In the process of performing the instant construction works, the Defendant neglected the preparation of detailed construction drawings during the construction of the instant government building; (b) neglected the preparation of concrete solar products; and (c) caused cracks to the concrete of the instant government; and (d) caused water leakage due to the failure of waterproof in the instant government building; and (c) caused the Plaintiff’s breach of good faith.”

Specific details of the defendant's penalty points shall be as specified in the attached Form.

arrow