beta
(영문) 수원지방법원 2019.01.25 2018구단8195

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 29, 2017, the Minister of Land, Infrastructure and Transport requested the Defendant to conduct a fact-finding survey on the Plaintiff Company, which is a suspected company failing to meet the standards for construction business registration.

B. On October 24, 2017, the Defendant sent the Plaintiff a notice of fact-finding survey based on Article 49 of the Framework Act on the Construction Industry (written investigation period from November 16, 2017 to December 31, 2017) and a written notice of fact-finding survey as a result of the fact-finding survey conducted on a written basis; and thereafter, conducted a fact-finding survey on a written basis; thereafter, on June 18, 2018, below the registration criteria for specialized construction business (actual capital) in 208,173,292 (Ground: Business Diagnosis Guidelines) - Some of the short-term loans were borrowed as housing funds of employees; however, some of the loans were confirmed as having been actually used for housing funds of employees - Article 200,183,493, 396, 39-10 of the Framework Act on the Construction Industry (the Enforcement Decree of the Construction Industry) and Article 38(1) of the Enforcement Decree of the Construction Industry Act (the grounds for the Construction Industry Act).

7. 10. 10. The instant disposition ordering the suspension of business for a period of five months was rendered as follows.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 9, Eul evidence No. 1 through 5, the purport of the whole pleadings

2. According to Article 10 subparag. 2 of the Framework Act on the Construction Industry and Article 13(1)2 of the Enforcement Decree of the same Act, a water supply and sewerage facility construction business operator, such as the Plaintiff, shall meet the requirements for registration of capital of at least 200 million won.

According to Article 83 (3) of the Framework Act on the Construction Industry, a constructor who has failed to meet the standards for registration of construction business, including the above capital requirements.