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(영문) 서울고등법원 2015.01.16 2013누8778

시정명령및과징금납부명령취소

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1. The Defendant’s corrective order under [Attachment 2] No. 2012-245, which was issued against the Plaintiff on October 30, 2012.

Reasons

1. Details of the disposition;

A. The Plaintiff, including the Plaintiff’s status and general status, is a large enterprise owner that has entrusted 18 business entities, such as light companies, etc. with manufacturing of ship pipes to six business entities, including vessel block assembly and future engineering companies (hereinafter “stock companies”) and constitutes a principal contractor under Article 2(2)1 of the Fair Transactions in Subcontracting Act (amended by Act No. 11842, May 28, 2013; hereinafter “former Subcontract Act”).

The total number of 24 business operators, including 18 business operators, such as light companies, and six business operators, including future engineering, are small and medium business operators entrusted with manufacturing by the plaintiff, and are subcontractors prescribed in Article 2 (3) of the former Subcontract Act.

The general status of the plaintiff is as follows (units: KRW 100,000).

The number of full-time employees of net income for the net income for the amount of capital for the type of establishment of a business shall be 08 "10 years" in 09 "10,514 10,009 10,009 23,142 24, 24, 088 18, 489 -11, 3969 -11, 3961, 413-4, 652-3, 851 - 1,932, 340 2,412" in 09

B. The Defendant’s disposition is the time required when the Plaintiff, as a resolution of October 30, 2012, entrusted 2012-245 to 18 subcontractors, including light enterprises, etc. (including the concept of processing entrustment) for manufacturing the block assembly between April 2008 and September 201, and unilaterally, without agreement with the subcontractor, for 1,046 units out of the block assembly of 1,874 vessels, which were applied at the time of the initial contract to 1,046 units out of the previous first contract with the subcontractor.

For example, if the work is calculated as 10,000M/H for the construction of a specific vessel, it means that the work takes 100,000 hours when one worker is engaged in skilled work.

Compared to 103,184M/H, the subcontract price of KRW 2,302,728,00 in total by lowering the number of times by lowering the number of times, and ② Five subcontractors, including future engineering, etc. on April 1, 2009, and five subcontractors, including future engineering, etc. on March 29, 2010.