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(영문) 서울고등법원 2017.12.13 2017누57259
벌점부과처분 취소청구의 소
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 grounds cited in the judgment of the court of first instance, which the Defendant asserted in the trial while filing an appeal, are not significantly different from that of the Defendant already asserted in the court of first instance.

In full view of the evidence presented in the first instance and the trial court, the fact-finding and decision of the first instance court is justified even after considering the evidence.

Therefore, the reasoning of this court concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for supplement of the contents. Thus, this court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

The penalty points of new construction on the fourth page of the judgment of the court of first instance shall be 0.9 "0.9".

2. Supplementary parts

A. In full view of the following circumstances admitted by the aforementioned evidence, the Plaintiffs cannot be deemed to have the authority or responsibility to demand the correction of the trial work.

① The instant management services constitute “construction project management services on the construction phase” that do not include “construction project management, such as vicarious performance of supervisory authority,” and according to the former Guidelines on Construction Project Management (amended by Ministry of Land, Infrastructure and Transport Notice No. 2014-859, Dec. 22, 2014; hereinafter “the instant Annex”), construction project management engineers are obligated to submit various test marks, request the construction supervisor to replace a site agent, report a quality test plan, etc. (Articles 43, 45, and 48 of the above Notice), and have no authority to direct the construction project management services that include vicarious performance of supervisory authority, or to request the contracting authority to replace a site agent, etc.

(2) Article 73 and Article 75 of the above Notice provides that the instant Guidelines are documents included in contractual documents, and construction project management, including exercising delegated supervisory authority at the execution stage, shall apply to the instant Guidelines.

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