영업정지처분취소
1. The Defendant’s disposition of suspending business against the Plaintiff on July 5, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff is a company established for the purpose of surveying business, etc., and on May 29, 2018, the Plaintiff reported the alteration of the registered matters of surveying business due to the retirement of the survey technician A.
On February 28, 2018, A stated that he/she has withdrawn on the above report.
B. On July 5, 2018, the Defendant issued a disposition of business suspension three months (from July 5, 2018 to October 4, 2018) pursuant to Article 52(1)5 of the Spatial Data Management Act on the ground that the Defendant violated the obligation to report changes in registered matters of surveying business under Article 44(4) of the Spatial Data Management Act (hereinafter “Spatial Data Management Act”) by reporting a change of more than 90 days against the Plaintiff.
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 6, the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. In calculating the deadline for reporting a change under Article 37 of the Enforcement Decree of the Plaintiff’s Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Enforcement Decree of the Spatial Data Management Act”), the first day principle shall be applied. The Plaintiff’s report of change on May 29, 2018 complies with the deadline for reporting a change of 90 days. Thus, the instant disposition is unlawful as it does not have any grounds for disposition.
(b) as shown in the attached Form of the relevant statutes;
C. The Plaintiff’s report on May 29, 2018 was made within the reporting deadline, and is lawful in light of the following circumstances, which are acknowledged by comprehensively taking account of the evidence and evidence set forth in the evidence set forth in subparagraphs 7 through 12 above and the purport of the entire pleadings.
Therefore, the instant disposition should be revoked as it is unlawful due to the absence of the grounds for disposition.
(1) A person who has registered surveying business shall, when he/she has changed any of the matters falling under technical human resources from among the registered matters, file a report on such change within 90 days
Article 44 (4) of the Spatial Data Management Act, Enforcement Decree of the Spatial Data Management Act.