"Dismantling Ignoring Plans Is Illegal"... Supervisor's Suspension Justified

Court Rules Site Supervisor's Suspension Justified
Gwangju District Court finds arbitrary change of demolition order a serious violation

The court has ruled that the suspension imposed on a site supervisor who arbitrarily changed the demolition sequence without following the demolition plan is justified.

According to the legal community on the 16th, the 1st Administrative Division of the Gwangju District Court (Presiding Judge Kim Jeongjung) ruled against architect A in the lawsuit filed against Gwangju City to cancel the 'architect work suspension disposition.'

Gwangju District Court. Photo by Song Bohyun

In May 2023, A was in charge of supervision at a demolition site in the region and prioritized demolishing the central structure along the roadside without following the order specified in the demolition plan. According to the plan, the first structure to be demolished was the stairwell on the right side of the roadside. In response, Gwangju City imposed a one-month suspension on A for violating the Architect Act and the Building Management Act.

A argued, "There was a problem with the demolition plan itself, and if the work had been carried out as planned, there would have been a greater risk of collapse. I only worked more safely and did not violate my duties as a supervisor."

However, the court did not accept this argument. The court stated, "If there is a need to change the order of demolition work under the Building Management Act, the supervisor must obtain a change permit or report from the permitting authority. The supervisor cannot change the order arbitrarily."

The court further added, "A demolition supervisor has a duty to ensure that the work is carried out according to the plan. If there are unavoidable circumstances, the work must be stopped and the order changed through proper procedures. The plaintiff's violation is considered serious."