전문건설업등록말소처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 4, 2011, the Plaintiff registered a specialized construction business (B) and run a reinforced concrete construction business, etc., and was subject to a disposition of business suspension for four months from February 16, 2015 to June 15, 2015.
B. On May 14, 2015, C, the representative director of the Plaintiff, was present at the “the site site conference for the subcontract of the E-project” held in the D office located in Suwon-gu, Busan.
C. On February 15, 2016, the Defendant rendered a disposition to revoke the registration of a specialized construction business (hereinafter “instant disposition”) against the Plaintiff on the ground of a violation of a disposition to suspend construction business (the construction contract during the period of business suspension).
On March 22, 2016, the Defendant revised Article 83 subparag. 3-2 of the Framework Act on the Construction Industry and Article 83 subparag. 8 of the Framework Act on the Construction Industry.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 through 3, 7, 8, and 10, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the purport of Article 14(1) of the Framework Act on the Construction Industry, the Plaintiff’s assertion that business activities prohibited during the period of business suspension are limited to entering into a contract, and since the Plaintiff did not immediately enter into a contract after attending an explanatory meeting on the new construction site, the Plaintiff did not operate his/her business in violation of
Therefore, the instant disposition based on this premise is unlawful.
(b) as shown in the attached Form of the relevant statutes.
C. Considering the purpose of the construction business registration system under the Framework Act on the Construction Industry to prevent defective construction works and protect people’s health, life and property by ensuring that a person who fails to meet the qualification requirements prescribed by the judgment law does not engage in a business related to construction works, a business prohibited by Article 83 Subparag. 8 of the Framework Act on the Construction Industry is to conclude a contract, to tender, and to submit written estimates