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(영문) 서울행정법원 2018.06.08 2017구합75002
벌점부과처분 취소
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. The defendant is an administrative agency in charge of the execution of military installation works and military unit relocation projects.

Plaintiff

The Grand Forest Industry Co., Ltd. (hereinafter “Plaintiff Grand Forest Industry”) is a constructor under Article 2 subparag. 7 of the Construction Technology Promotion Act. The Plaintiff is a construction engineer under Article 2 subparag. 8 of the Construction Technology Promotion Act, who has entered into an employment contract with the Plaintiff Grand Forest Industry, and the Plaintiffless CM architect (hereinafter “Plaintiffless CM”) and the Coastal Comprehensive architect (hereinafter “Plaintiff Coastal Comprehensive”) are a construction technology service provider under Article 2 subparag. 9 of the Construction Technology Promotion Act.

B. On September 10, 2013, the Republic of Korea concluded a contract on the construction of the “construction of a private-use ground military installation” (one-person “B facility construction”; hereinafter “the instant construction”) with the terms “7,90,000,000 won” and the total construction cost of the Plaintiff Dae forest industry and the total construction cost.

In addition, the Republic of Korea is the plaintiffless CM, Coastal Integrated Construction Office, Seoul Metropolitan Engineering Construction Office (hereinafter referred to as "Dom Engineering Office") on the same day.

(C) On September 10, 2013, the instant construction work began on the instant construction site, and on August 2016, the instant construction work was completed. Under the instant construction supervision service contract, the “construction supervision” in accordance with the said full-time responsible supervision service contract includes the case where an assistant’s aid is received) under his/her responsibility.

(2) As prescribed by the Building Act, a building, building equipment, or structure is to be constructed in accordance with design documents, and is to instruct and supervise quality control, construction management, safety management, etc. (Article 2 subparagraph 4 of the Certified Architects Act).

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