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(영문) 청주지방법원 2019.05.16 2019구합38

전문건설업행정처분(등록말소)취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 2, 1999, the Plaintiff registered the construction business under Article 9 of the Framework Act on the Construction Industry.

B. Meanwhile, the Plaintiff should hold capital of at least KRW 200 million according to the registration standards for construction business under Article 9(1) of the Framework Act on the Construction Industry and Article 80(1) of the Enforcement Decree of the same Act. However, the Plaintiff was investigated as a result of the fact-finding survey on the registration standards for construction business in 2017 as KRW 17,74,

C. On March 6, 2018, the Defendant issued a disposition of business suspension for five months (from March 15, 2018 to August 14, 2018) on the ground that the Plaintiff fell short of the standards for registration pursuant to Article 10 of the Framework Act on the Construction Industry and Article 13 (1) 1 [Attachment Table 2] of the Enforcement Decree of the same Act. On the same day, the Defendant notified the Plaintiff to the effect that “if the Plaintiff fails to supplement matters that fall short of the standards for registration by the end of the business suspension, the registration of the construction business is cancelled pursuant to Article 83 (3) 2 of the Framework Act on the Construction Industry, and the relevant documents are shipped within 30 days from August 14, 2018, which is the end of the business suspension.”

Meanwhile, Article 84 of the Framework Act on the Construction Industry and Article 80(1) [Attachment Table 6] of the Enforcement Decree of the same Act as the representative director B completed eight hours of construction business ethics and practical education on May 2, 2018.

1.(c)

1) Upon the occurrence of the grounds set forth in paragraph (c) of the same Article, on May 3, 2018, the Defendant: (a) reduced the period of suspension of business from March 15, 2018 to July 30, 2018 (the period of suspension of business from March 15, 2018 to July 30, 2018); (b) notified the Plaintiff on the same day to the effect that “the instant prior disposition of suspension of business,” the Plaintiff, “the date of the completion of the business ( July 30, 2018, supplementation of any of the requirements for registration of construction

E. On October 18, 2018, the Defendant: (a) on the ground that “the Plaintiff did not supplement matters that fall short of the registration standards by July 30, 2018, which was the end date of the instant prior disposition; and (b) accordingly, Article 83 of the Framework Act on the Construction Industry.”