영업정지처분취소
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 is a juristic person established on September 20, 200 and engaged in a comprehensive construction work (a). On October 13, 2000, the Plaintiff registered a construction business under Article 9(1) of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016) to the Defendant, and is obligated to periodically report whether the requirements for registration of construction business, including capital, are met every three years pursuant to Article 9(4) of the same Act.
B. On June 29, 2016, the Plaintiff filed a report on the registration criteria for construction business with the Korea Construction Association, which is entrusted with the duties of periodic reporting on the registration criteria for construction business, to the Gyeong-do Council.
C. After reviewing the Plaintiff’s periodic report, the Gyeongnam-do Council notified the Defendant of the results of the examination inappropriate for a periodic report, since the Plaintiff’s capital in 2015 (the base amount of registration capital: KRW 700 million) falls short of the following.
In short of capital in 2015: Total amount of capital 1,378,720,844 - Amount of 11,791,740 won - Amount of 24,693,850 won - Amount of 11,672,295 won - advance payment of KRW 400,00,000 - Amount of short-term bonds - Amount of 143,628,240 won - Amount of 337,592,759 - Amount of 98,227,590 won of buildings - Amount of 161,040,521 won of buildings - Amount of 190,073,849 won of total amount of capital - amount of 509,926,151 won of total amount of short-term bonds - Amount of deposits, sales claims, buildings not submitted (hereinafter omitted).
D. On November 25, 2016, the Defendant rendered a disposition of suspension of business for five months (hereinafter “instant disposition”) to the Plaintiff on the following grounds:
- The base date for the acceptance of periodic reports on construction business under the periodic reporting (capital) - The lack of capital as a result of the review) - the base date: December 31, 2015 - The base amount: 700,000,000 won: - The shortage: 509,926,151 won B ( July 18, 2016) by August 5, 2016; however, the submission of explanatory materials was requested, despite the request for explanatory materials.
E. On December 16, 2016, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on June 20, 2017.
[Reasons for Recognition] No. 2, No. 1, and No. 2