[건축사사무소등록취소처분취소][집32(1)특,293;공1984.5.1.(727),622]
Whether the revocation of registration of a joint construction office is a multiple administrative disposition against a member architect (negative)
The registration of a joint architectural office or the cancellation of such registration is not a multiple administrative disposition against the individual architect who is a member of the joint architectural office, but a single administrative disposition against the office itself, and the registration of a joint architectural office is jointly liable when the person who has registered the joint architectural office conducts the investigation and inspection of this case. Therefore, the Minister of Construction and Transportation may take measures to revoke the registration of the joint architectural office itself
Articles 23, 23-2 (4), and 28 (1) 10 of the Certified Architects Act
Attorney Jung-gu, Counsel for the plaintiff 1 and one other
Head of Daegu Metropolitan City/Metropolitan City
Daegu High Court Decision 82Gu281 delivered on June 14, 1983
The judgment below is reversed, and the case is remanded to the Daegu High Court.
The defendant's grounds of appeal Nos. 1, 4, and 5 are also examined.
According to the reasoning of the judgment below, the court below found that the plaintiffs and the non-party 1 violated the above 1's 5's 1's 5's 1's 5's 1's 5's 1's 5's 1's 5's 1's 5's 1's 5's 1's 5's 1's 5's 1's 1's 5's 1's 5's 1's 1's 5's 1's 5's 1's 1's 1's 5''''''''''''' 1's 5''''''''''''''''' 1's 5'''''''''' 1''''''''''''''''' 1''s 5''''''''''''''''''''''''''''''''''''5''''''''''''''''''''''''4''''''''''''''''''''''''''''''5'''''''''''''''''''''5'''''''.
However, Article 23-2 (4) of the Certified Architects Act provides that any person who has registered a certified architect office jointly shall be jointly and severally liable for the business of the certified architect office under the conditions as prescribed by the Presidential Decree. Article 23-2 (3) of the same Act, Article 25 (3) of the Enforcement Decree of the same Act (amended by the Presidential Decree No. 10867 of July 14, 1982), Article 18 of the Enforcement Rule of the same Act (amended by the Presidential Decree No. 267 of the Ministry of Construction and Transportation of July 15, 1980) provides that the investigation and inspection of the plaintiffs and the buildings, etc. shall be conducted, and Article 26 (1) of the Enforcement Decree of the same Act provides that if a person who registered a certified architect office jointly performs business under the provisions of Article 25 (3), the provisions of the same Act and Article 23 (3) of the Certified Architects Act shall be jointly and severally liable for the inspection and inspection of the plaintiffs' new certified architect office's registration under the Act.
Therefore, without examining other grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the Daegu High Court which is the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.
Justices O Sung-sung(Presiding Justice)