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(영문) 서울고등법원 2020.04.23 2019누62699

건설기술자 업무정지처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation of this case is the same as the entry of the corresponding part of the judgment of the court of the first instance except for dismissal or addition as follows. Thus, it shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The testimony of witness E shall be referred to as "each testimony of witness E and witness of the original trial" in the 6th, 7, and 8th, of the judgment of the first instance.

On the 8th page 14, the Plaintiff alleged that “The career certificate issued under the name of the president of the Corporation shall be issued after the strict examination of the materials, such as various reports, business trips, support documents for internal business, minutes, etc. kept at the time (the Plaintiff’s assertion is only discarded at present).” However, it is insufficient to recognize the fact that the Plaintiff participated in the service of each of the instant parties, or that at least the Plaintiff reported his career in a false manner, the Plaintiff could not be deemed to have participated in the service of the instant parties. However, even if the testimony, etc. of each of the aforementioned witnesses is recognized, there is no other evidence, and even if it is found that such fact has been issued after the above examination, the Plaintiff cannot be deemed to have participated in the service of each of the instant parties on the grounds that the Plaintiff could not be deemed to have participated in the service of the instant parties on the 7th page.”

Pursuant to Section 12, the phrase “as approximately 620 days” shall be added to “(as from March 14, 2007 to November 17, 2010, the period equivalent to approximately 45% of the 1,400 days out of the 1,400 days, whichever is the highest, among the date of commencement of the work experience of each of the of the of the of the of the of the of this case).”

2. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.