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(영문) 대전지방법원 2015.07.08 2014구합102998
벌점부과처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. Plaintiff Ecomcom Co., Ltd. (hereinafter “Plaintiff Ecom”) takes charge of the purchase of main materials at 70% of its equity ratio, and Plaintiff Kcom Co., Ltd. (hereinafter “Plaintiff Kcom”) constituted an Ecomcom in charge of other installation works at 30% of its equity ratio.

The defendant is a corporation that constructs and manages railroad facilities under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act and carries out other projects related thereto, which is a public institution designated as an entrusted enforcement-type quasi-governmental institution pursuant to the Act on the Management of

B. On June 22, 2011, the Plaintiffs entered into a contract with the Defendant to purchase and install the video monitoring equipment for light-speed railing high-speed railroads with the total contract amount of KRW 8.282 billion, which is a member of the Scomcom.

C. From June 22, 2011 to June 31, 2012, the Plaintiffs purchased and installed more than 27 luminous radiation transmission devices (DiviN-FT) and more than 28 luminous radiation processing devices (DiviN-FTe) and more than 5 luminous radiation processing devices (DiviN-FTe) in the second phase of the light-speed rail. On March 5, 2014, the Defendant confirmed that the foregoing luminous radiation transmission devices and luminous radiation processing devices purchased and installed by the Plaintiffs were not certified under the Radio Waves Act.

On May 14, 2014, the Defendant imposed one point on the ground that “where the status of storage of materials has an impact on the quality of the materials due to poor quality in the fields of electricity and information and communications construction, a quality test, review, or confirmation on the main machinery and equipment (excluding items obligated to keep), or a case where the quality review or confirmation of other machinery and equipment has not been conducted,” according to the standards for imposition of bad punishment points in the fields of electricity and information and communications (hereinafter referred to as “instant standards for imposition”) [1], the Defendant shall impose one point on the Plaintiff KS Telecom according to the ratio of shares, and 0.7 points on the Plaintiff KS Telecom and 0.3 points on the Plaintiff Korea Communications.

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