The judgment of the court of first instance is reversed and the judgment is revoked.

The instant lawsuit is dismissed.

The plaintiff's total costs of litigation.

The grounds of appeal are examined.

1.(a)

An administrative disposition subject to an administrative litigation means an act under public law conducted by an administrative agency, its affiliated agency, or a public institution delegated or entrusted with administrative authority under the Acts and subordinate statutes by exercising the public authority on matters related to the rights and duties of the people; even if such act is an act limiting the rights of the other party, it shall not be deemed an administrative disposition unless it is an act of an administrative

(see, e.g., Supreme Court Decisions 98Du14822, Feb. 9, 199; 2010Du137, Nov. 26, 2010). (b)

The judgment below

According to the reasons and records, the following facts are revealed.

① On November 1, 2012, the Plaintiff’s purchase and construction of communications facilities and equipment for services between the Defendant and the Southern High-speed Railroad (hereinafter “instant construction”) ordered by the Defendant.

As to the type of construction work “”, the contract amount was set at KRW 2,955,140,000, and the responsible supervision service contract was concluded (hereinafter “instant contract”).

② On November 6, 2013, the Defendant notified the Plaintiff that it imposes three points on the Plaintiff, on the grounds that “the examination process of examining test results of supplying certificates, materials supply source approval request documents, improper processing of the materials supply source approval work, failure to implement implementation verification of the instructions given by the project owner,” etc.

(hereinafter referred to as the “instant penalty points”). The Defendant’s notice of the setting of penalty points attached to the notification and attached notice is “related Acts and subordinate statutes,” and the Defendant’s “standards for imposing bad penalty points in the field of electricity and information and communications” (hereinafter “instant standards for imposition”) and “Standards for imposing bad penalty points in the field of electricity and information and communications” (Article 27-2 of the Enforcement Rule of the Electric Technology Management, “Standards for Imposing bad penalty points in the field of electricity and information and communications” (Article 2012-284 of the Ministry of Knowledge Economy’s notification)” (hereinafter “instant notice”) [Attachment 4] of the standards for assessment and management of bad penalty points, such as design construction supervision