영업정지처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. The Plaintiff is a specialized construction company that registered a specialized construction business (type of business: steel reinforced and concrete construction business) and operates reinforced concrete construction business. On March 5, 2014, the Plaintiff was subcontracted to KRW 8,962,00,000 (including value-added tax) for the construction cost of reinforced concrete construction among the construction works newly constructed in Busan-gu, Busan-gu, Inc. (hereinafter “Cod Construction”).
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, in the course of performing the molding construction, the Plaintiff received wages from the Plaintiff as a lump sum at the intervals of one month from April 2014 to December 2014, and in relation thereto, the Plaintiff prepared and issued a letter of statement and receipt that the Plaintiff received all labor costs during the pertinent period as a representative of the employee.
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"). / [Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, and 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.