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(영문) 서울고등법원 2019.11.13 2019누40002

영업정지처분취소

Text

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.

Reasons

1. Acknowledgement of and amendment to the judgment of the court of first instance is consistent with the reasoning of the judgment of the court of first instance, except where part of the reasoning of the judgment of the court of first instance is used as follows. Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] On the last 15th of the judgment of the court of first instance, the part "this part of the plaintiff's argument is without merit" shall be written as follows.

On the other hand, inasmuch as the accident of this case where six workers are injured due to the above negligence of the plaintiff, this shall be deemed to fall under the grounds for the disposition under Article 31 (1) 8 of the former Construction Technology Promotion Act, i.e., where a construction technology service business entity causes harm to a person by intention or negligence. Therefore, the plaintiff's assertion to the purport that the grounds for the disposition of this case are not recognized, shall not be accepted. The plaintiff's argument to the effect that the disposition of this case shall be conducted from 16th to 17th to 9th to 17th to 16th to 16th to

Article 31 (1) of the former Construction Technology Promotion Act provides that "where a construction technology service business entity falls under any of the following subparagraphs, the Mayor/Do Governor may revoke its registration or order the suspension of all or part of its business for a fixed period not exceeding one year: Provided, That where it falls under any of subparagraphs 1 through 5, the registration shall be revoked: Provided, That where a serious accident under Article 2 (7) of the Industrial Safety and Health Act occurs, or a construction work causes damage to a contracting authority, or causes damage to a person, or a defect in construction work, to a person," and Article 31 (5) of the same Act provides that "the detailed criteria for the disposition under paragraphs (1) and (2) shall be prescribed by Presidential Decree," and the Enforcement Decree of the former Construction Technology Promotion Act prepared by delegation