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(영문) 창원지방법원 2021.01.28 2019구합53509
벌점부과처분취소
Text

1. The Defendant imposed each penalty points on D Apartment Construction Work 8 Section, which was executed by the Defendant as of September 16, 2019, on the Plaintiffs.

Reasons

. was found;

3) In announcing the audit results on April 18, 2019, the Board of Audit and Inspection notified the Defendant that measures should be taken, such as imposing penalty points on the site construction work, etc. where the performance of blocking floor soundproof noise was confirmed to have failed to meet the minimum performance standards, or where the performance of blocking floor soundproof noise was confirmed to have failed to meet the minimum performance standards.

(c)

The Defendant imposing penalty points to the Plaintiffs on September 16, 2019 pursuant to Article 53 of the former Construction Technology Promotion Act (amended by Act No. 16416, Apr. 30, 2019; hereinafter the same shall apply), Article 87(5) of the former Enforcement Decree of the Construction Technology Promotion Act (amended by Presidential Decree No. 3037, Jan. 7, 2020; hereinafter the same shall apply), [Attachment 8] Article 5-A. 1.18 of the former Enforcement Decree of the Construction Technology Promotion Act (amended by Presidential Decree No. 3037, Jan. 7, 2020; hereinafter the same shall apply), the Defendant imposed penalty points on the Plaintiffs for the following reasons (Article 8) (Article 9.9, Plaintiff B0.1, Plaintiff C1, hereinafter the “Disposition”), which is different from the design books and related construction standards (Article 1.18), where minor remuneration is needed due to construction work in conflict with the design books and related standards, the purport that it does not include any dispute.

2. The plaintiffs' assertion

A. During the process, the Defendant did not notify the Plaintiff of the reasons for requesting submission while requesting the Plaintiff to submit flat data, and violated Articles 4, 10, and 17 of the Framework Act on Administrative Investigation by using the information received for the purpose other than the purpose of audit and inspection, thereby imposing penalty points.

B. Non-existence of the grounds for disposition 1) On the following grounds, the Plaintiffs constructed the design books and related standards differently.

shall not be deemed to exist.

A) The result of the instant measurement was measured before the Plaintiffs completed the relevant process of concrete sludge.

The result of the instant measurement was measured on April 2, 2018, and the Plaintiffs, based on that measurement, performed supplementary works from April 17, 2018 to April 19, 2018, to satisfy the instant standards, and performed buffer works.

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