건설업 등록말소처분 취소
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 runs the construction business, etc., and for the purpose of running the construction business, it must meet the registration criteria for the construction business, such as technical capability as prescribed in Article 10 of the Framework Act on the Construction Industry and Article 13 (1) 1 and attached Table 2 of the
B. When the Plaintiff retired and failed to meet the requirements for holding five construction engineers, the Plaintiff maintained the registration of construction technical capacity by lending A’s career certificate from July 1, 2013 to June 30, 2014.
(hereinafter “instant violation”). C.
On July 30, 2015, the Plaintiff reported to the Defendant on the cycle of construction business registered every three years pursuant to Article 9(4) of the Framework Act on the Construction Industry and Article 12-2(1) of the Enforcement Decree of the same Act, and reported that he/she employed B, who is a primary class engineer in the construction field, has five construction engineers.
On November 11, 2016, the Plaintiff was charged with violation of the Framework Act on the Construction Industry by approximately 2016 high-level 11420, and was sentenced to a summary order of KRW 2 million on December 12, 2016, and the said summary order became final and conclusive on January 5, 2017.
E. On July 19, 2017, the Defendant issued a disposition to revoke the registration of the construction business on the ground of the instant violation to the Plaintiff.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3 and 5, and the purport of the whole pleadings.
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. The assertion and judgment
A. The plaintiff's assertion argues that the disposition in this case contains ① error of law, ② cure of defect, ③ deviation from and abuse of discretionary power.
B. 1 Plaintiff’s assertion of error in law applied Article 83 subparag. 6 of the Framework Act on the Construction Industry to the Plaintiff, but the above provision applies only where a person who newly registers a construction business borrows career certificate of construction technology, and such existing construction business as the Plaintiff.