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(영문) 광주지방법원 2018.12.13 2018구합10422

승강기 유지관리업 등록취소처분 취소청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company with the objective of designing, manufacturing, assembling, marketing, marketing, installation, import, export, distribution, maintenance of repair and modernization services for elevators, etc., and has its head office in Seoul Special Metropolitan City, Busan Metropolitan City, Daejeon Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City, and Gwangju Metropolitan City. 2) On December 13, 1998, the plaintiff registered the maintenance business of elevators B with the registration number indicating the location of the plaintiff's Gwangju Metropolitan City's Gwangju Metropolitan Area as its main office in accordance with Article 11 (1) of the Elevator Facilities Safety Management Act (hereinafter "elevator Act").

B. 1) The Board of Audit and Inspection conducted an audit of the C&A, and conducted a contract for elevator maintenance services with C&A without written consent from C&A, on the ground that the companies that concluded the contract for elevator maintenance services subcontract to a third party in violation of Article 11-5 of the Elevator Act, which violated the provisions of Article 11-5 of the Elevator Act, were notified to the president of C&A in accordance with the provisions of Articles 12(1) and 26 of the Elevator Act and Article 39(2) of the Act on the Management of Public Institutions and notified the relevant Mayor/Do governor of the fact that the subcontracting of elevator maintenance services was subcontracted to the relevant Mayor/Do governor to take administrative sanctions, such as cancellation of registration, restriction on participation in the tendering procedure, accusation, etc. (hereinafter “instant disposition”). Accordingly, on February 20, 2018, the Defendant notified the Plaintiff of the revocation of registration of elevator maintenance business (hereinafter “instant disposition”).

As a result of the audit conducted by the Board of Audit and Inspection on Specific Audit and Inspection (from May 25, 2017 to July 21, 2017) by the Korea Board of Audit and Inspection, in the course of performing the elevator maintenance services for South-North Korean Housing from October 1, 2014 to September 30, 2017, you were notified from the Korea Board of Audit and Inspection of an audit and inspection in violation of the provisions of Article 11-5 of the Elevator Act.

Accordingly, in our city, it is possible to do so.