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 corporation that conducts construction business, etc. in Gangwon-gun B.
B. C Association entrusted the Defendant with authority to conduct fact-finding surveys on standards for registration of construction business from November 2018 to February 2019.
On March 7, 2019, the C Association notified the defendant of the results of the fact-finding survey as follows:
(1) In cases where it is found that the Plaintiff’s construction business falls short of the standard amount of registration for the list of companies suspected of falling short of the standard amount of registration for the construction business (capital) in 2017 and the Plaintiff’s construction business is inappropriate as a result of the review of (original) the amount below the fixed amount of (capital) the Plaintiff’s construction business (capital) in 500,000,800 1,805,726,726, 80245,634
C. On August 20, 2019, the Defendant issued a disposition of business suspension against the Plaintiff for the following reasons:
(2) Article 83 (Cancellation, etc. of Registration of Construction Business) of the Framework Act on the Construction Industry as follows: < Amended by Act No. 1190, Sep. 4, 2019; Act No. 11904, Feb. 3, 2020; Act No. 1314, Feb. 3, 2020; Act No. 1314, Feb. 3, 20201; Act No. 1315, Feb. 3, 2020; Act No. 13148, Feb. 3, 2020; Act No. 1318, Feb. 3, 201
2. The plaintiff's assertion
A. On April 24, 2017, the Plaintiff had a sales claim of KRW 492 million as of the settlement of accounts in 2017 (hereinafter “instant sales claim”). Around April 24, 2017, the Plaintiff had a sales claim of KRW 492 million (hereinafter “instant sales claim”).
Therefore, in view of the above sales claims, the Plaintiff had capital of more than KRW 500 million, and thus, the instant disposition did not meet the grounds for disposition.
B. The plaintiff abuse of discretionary power 1, stating that "the defendant would reduce the disposition of business suspension for one month if he/she submits a diagnosis report on financial management status." The plaintiff above is the defendant.