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(영문) 서울고등법원 2017.11.17 2017누54731
벌점부과처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this part of the disposition is the same as the written judgment of the court of first instance. Thus, this part of the reasoning is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the disposition of this case is legitimate

(a) as shown in the Attachment of the relevant statutes;

B. Article 53(1) of the Construction Technology Promotion Act provides that “Where defective construction works occur or are likely to occur because a construction technology service business entity or a construction engineer employed by the construction engineer, etc. employed by the business entity, etc. fails to faithfully perform construction supervision, the degree of the defective construction works shall be measured and given a penalty points after measuring the degree of the defect.” Article 87(5) [Attachment 8] of the Enforcement Decree of the Construction Technology Promotion Act provides that the standards for the

B. 2.1 provides that “In the course of confirmation as to whether construction has been carried out in accordance with design documents and various standards” as a major defective content, ① where supplementary construction is required by neglecting to review and confirm the main structural parts or where the planning process has been hindered, the given points shall be three points; ② where supplementary construction is required by neglecting to review and confirm other structural parts; or where the planning process has been hindered, the given points shall be two points; ③ where the failure to conduct verification or the delay in measuring is hindered, the given points shall be one point.

Therefore, in order to impose penalty points in accordance with the above provisions, it should be neglected to ascertain whether the design documents and various standards are in accordance with the construction supervision, and thus, it should be deemed that defective construction works occur or are likely to occur due to failure to faithfully perform construction supervision, such as failure to

Also, in an appeal litigation seeking the cancellation of administrative disposition, there is a burden of proof as to the legitimacy of the disposition against the defendant who is the disposition agency claiming the legality.

2. On the other hand, construction works.

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