영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a specialized construction company that registered a specialized construction business (type of business: steel and concrete construction business) and operates reinforced concrete construction business. On March 5, 2014, the Plaintiff was subcontracted with construction cost of 8,962,000,000 won (including value-added tax) among the construction works newly constructed in Busan-gu.
B. As between B and not a constructor registered on April 10, 2014, the Plaintiff: (a) ordered B to contract part of the instant reinforced concrete construction to KRW 2,820,000,000; and (b) demanded B to be delegated the right to receive wages from an individual employee in relation to the payment method of the construction price; and (c) agreed that B shall pay wages to B based on the amount of daily work when the Plaintiff paid wages to B as a lump sum.
(hereinafter “instant agreement”) between the Plaintiff and B. (hereinafter “instant agreement”).
B under the instant agreement, the Plaintiff received wages from the Plaintiff at one month’s intervals from April 2014 to December 2014 while performing the said construction work, and in relation thereto, the Plaintiff prepared and issued a letter and receipt stating that all labor costs were received as a representative of the Plaintiff during the pertinent period.
On June 13, 2016, the Defendant rendered a disposition of business suspension for five months pursuant to Article 82(2) of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016; hereinafter “former Framework Act on the Construction Industry”) on the ground that the Plaintiff violated the restriction on subcontracting of construction works.
(hereinafter referred to as the "disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion of this case is the Gu.