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(영문) 광주지방법원 2021.01.14 2020구합12643
부실벌점처분 취소 청구의 소
Text

The disposition of imposing penalty points to the Plaintiff on April 10, 2020 shall be revoked.

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

Reasons

1. Details of the disposition;

A. On April 18, 2016, Gwangju Metropolitan City (hereinafter “B”) entered into a construction period of “C Basic and Working Design” (hereinafter “Working Design”) with four companies, including Co., Ltd. (hereinafter “B”) for the construction period of KRW 314,00,00,00 of the contract amount,” and the contractor entered into the instant working design contract with “C Basic and Working Design” (hereinafter “Working Design”) at KRW 300,000,000. “The instant working design contract” includes part of the contract’s duty under the new terms and conditions that the contractor publicly announced at the time of the tender, “the contract of the instant working design” includes the following: (a) the specific note of the tender tender, the special note of the service tender; (b) the written request for the work; (c) the general terms and conditions of the service contract; (d) the special terms and conditions of the integrity agreement; and (e) the joint supply and demand agreement; and (c) the details of calculation agreement and so forth.

The Plaintiff served as an employee in the foregoing B, and was a responsible technician for the instant working design contract.

B. On October 24, 2016, Gwangju Metropolitan City expressed to B the intent to cooperate with the purpose of reflecting the relocation design of the instant shop design “in the instant shop design” in the Section D “(hereinafter “the relocation design”).

(c)

B, etc. completed the instant shop design from April 20, 2016 to August 26, 2017, and the Plaintiff retired from B around October 2017.

After July 30, 2018, the Defendant carried out the “C Corporation” based on the design books supplied by B, etc. from around July 30, 2018. On December 7, 2018, E, a contractor of the said construction, submitted a review report to the Defendant that there was a design defect in the way of water delivery pipe for the instant design plan without having undergone field surveys or consultation with relevant agencies.

(d)

On September 13, 2019, the Defendant notified the Plaintiff that the penalty points should be imposed by giving two points to the Plaintiff. The Plaintiff is dissatisfied with this and filed an administrative adjudication. On December 20, 2019, the administrative adjudication committee for Gwangju Metropolitan City has given prior notice to the Plaintiff prior to the given penalty points.

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