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 company that runs a construction business.
B. After conducting a fact-finding survey on the Plaintiff pursuant to Article 49 of the Framework Act on the Construction Industry at the end of the end of 2017, the Defendant: (a) as a result of the aforementioned survey, the Plaintiff’s actual capital in 2016 is “-409, 132,051 won”; and (b) the following matters, which meet the registration criteria for construction business under Article 10 subparag. 2 of the Framework Act on the Construction Industry, shall be prescribed
2. Where a construction business operator falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the registration of construction business of such construction business operator (referring to a construction business operator and contractor in cases of a subcontract, and a person who re-subcontracts with such construction business operator in cases of a re-subcontract in cases falling under subparagraph 10) or order him/her to suspend construction business for a fixed period not exceeding one year, on the grounds that the registration standards under Article 13 [Attachment Table 2] of the former Enforcement Decree of the Framework Act on Construction Works (Amended by Presidential Decree No. 29877, Jun. 18, 2019) fall short of 500 million won:
Provided, That in cases falling under subparagraphs 1, 2-2, 3-2, 3-3, 4 through 8, 8-2, 12 or 13, the registration of construction business shall be cancelled.
3. Where he/she has fallen short of the standards for registration of construction business under Article 10: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as temporary failure to meet
Based on this, on March 5, 2019, the Plaintiff issued a disposition of business suspension for five months (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.
1. Administrative Procedures Act.