대부업등록갱신반려처분취소청구
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 registered credit business on August 2, 2012 and renewed the registration on May 15, 2015.
(Term of validity of registration: From May 15, 2015 to May 15, 2018). (b)
Article 3-5 (Requirements for Registration, etc.) was newly established under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), which was amended by Act No. 13445 on July 24, 2015, and Article 3-5 (2) 6 provides that “large stockholders shall have social credibility prescribed by Presidential Decree” as one of the requirements for registration of credit business.
Article 2-11(3) of the Enforcement Decree of the Credit Business Act provides that “a major shareholder shall have the social credibility prescribed by Presidential Decree” shall be deemed to have no criminal punishment equivalent to or heavier than a fine for a violation of the Credit Business Act, etc. for the preceding five years” (Article 2-1(3) of the Enforcement Decree of the said Act shall be deemed to have satisfied all the requirements, such as “no fact of undermining sound credit order by default, etc. for the preceding five years
C. According to the Plaintiff’s list of shareholders on April 12, 2018, the total number of the Plaintiff’s outstanding shares is 400,000 shares, and 300,000 shares among them are held by C, and 80,000 shares among them, and B was registered in the defaulters’ list on May 17, 2011, and the registration was cancelled on June 27, 2013 (Seoul East Eastern District Court 201Kadan986), and C was convicted of a fine of one million won on May 13, 2015 on the facts constituting a violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users.
(Seoul Eastern District Court 2013 High Court 2527). D.
On April 13, 2018, the Plaintiff filed an application for renewal of credit business with the Defendant, and the Defendant’s major shareholders are the same.
On May 4, 2018, the Plaintiff rejected the Plaintiff’s application for renewal of registration on the ground that the Plaintiff failed to meet the “requirements for social credibility of major shareholders” under Article 3-5(2)6 of the Credit Business Act, as described in the paragraph.
hereinafter referred to as "the case."