부정당업자제재처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for this part of the disposition are the same as the corresponding part of the judgment of the court of first instance, and thus, the reasons for this part are cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion entered into a purchase contract with C, etc. and provided equipment and materials while staying at the site agent belonging to the Plaintiff at the time of the instant construction work, and did not subcontract part of the instant construction work to C, etc.
Therefore, the Defendant’s disposition of this case is unlawful on a different premise.
B. Since the attached text of the judgment of the court of first instance of the relevant statutes is identical to that of the judgment of the court of first instance, it shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of
C. Article 2 subparag. 1 of the Information and Communications Construction Business Act provides that “information and communications facilities” means machinery, equipment, lines, and other necessary facilities to store, control, process, send, receive, or receive information in the form of codes, letters, sound, images, etc. by wire, wireless, optical, or other electronic means.” Article 2 subparag. 2 of the Information and Communications Construction Business Act provides that “information and communications construction” means construction for the installation, maintenance, and repair of information and communications facilities and construction appurtenant thereto, as prescribed by Presidential Decree.
Article 2 (1) of the Enforcement Decree of the Information and Communications Construction Business Act is one of the "information and communications construction work", and Article 2 (3) of the Enforcement Decree of the Information and Communications Construction Business Act lists information management, storage, and processing information using information and communications facilities in accordance with information and
Meanwhile, pursuant to Article 31 (1) (main sentence) (proviso) (2) and (4) of the Information and Communications Construction Business Act, an information and communications contractor shall not subcontract more than 50/100 of the contracted construction work to another information and communications contractor.
Provided, That an information and communications contractor that supplies materials used for the construction shall do so.