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(영문) 서울행정법원 2016.08.19 2015구합79574

실적삭감처분취소 등

Text

1. The part concerning the cancellation of the electrical construction performance reduction disposition among the lawsuit of this case shall be dismissed.

2. The Defendant is against the Plaintiff on December 16, 2015.

Reasons

Details of the disposition

The Plaintiff is a constructor who has completed the registration under Article 4 (1) of the Electrical Construction Business Act, and the Defendant is a constructor’s association to which the Minister of Trade, Industry and Energy has entrusted business affairs concerning the evaluation and public announcement of constructors’ execution capacity pursuant to Article

On October 28, 2015, on the ground that some of the records of electrical construction reported by the Plaintiff was falsely revealed, the Defendant notified the Plaintiff on October 28, 2015 that the Plaintiff would reduce the Plaintiff’s performance of electrical construction, as shown in the attached Table 1, and that the Plaintiff would repurchase the Plaintiff’s performance capacity in 2015 (hereinafter “instant notification of reduction of performance”) and demanded the Plaintiff to submit his/her opinion in advance (hereinafter “the instant notification of reduction of performance”), and on December 16, 2015, that the Plaintiff’s value of performance capacity in 2015 was changed from KRW 5,289,59,00 to KRW 3,875,181,00 as stated in the foregoing notification.

(2) On October 28, 2015, the Defendant notified the Korea Electric Power Corporation of the fact that part of the Plaintiff’s electrical construction performance was falsely revealed to the Korea Electric Power Corporation. On April 7, 2016, the Korea Electric Power Corporation imposed a limitation on the Plaintiff’s qualification for participation in bidding for six months on the ground that the Plaintiff submitted a false document and received a successful bid.

[Ground of recognition] The defendant's summary of the defendant's assertion as to the main defense of safety at issue as a whole, and Gap's statements in Gap's evidence Nos. 3, 4, 5, 6, and 9, and the purport of the whole pleadings is merely an internal act or interim decision of the administrative agency, which was conducted prior to the revaluation and public notice of the execution capacity of construction business operators, and thus does not constitute a disposition subject to appeal

The administrative disposition, which is the object of the appeal litigation, is, in principle, an administrative agency's public act, ordering the establishment of rights or the burden of obligations pursuant to laws and regulations with regard to specific matters.