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(영문) 대구지방법원 2019.05.09 2018구합20704

승강기 유지관리업 등록취소처분 취소청구

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1. On February 28, 2018, the Defendant revoked the registration of an elevator maintenance business against the Plaintiff’s Daegu Business Office.

Reasons

1. Details of the disposition;

A. The purpose of the Plaintiff is to design, manufacture, assemble, sell, install, maintain, and repair elevators, escalators, etc.

B. On December 30, 1998, pursuant to Article 11 of the former Elevator Facilities Safety Management Act (amended by Act No. 15526, Mar. 27, 2018; hereinafter “former Elevator Act”), the Plaintiff registered the elevator maintenance business (registration number B; hereinafter “instant registration”).

C. From May 25, 2017 to July 21, 2017, the Board of Audit and Inspection conducted an audit on C institutions. From May 25, 2017, around December 2017, the Board of Audit and Inspection took measures to demand caution and notify the C institutions regarding the conclusion of the elevator maintenance service contract and the management of the performance of the contract, with the following purport: (a) “three companies, including the Plaintiff, take charge of the maintenance and management of the elevator installed in 11 business buildings of the C institution, and subcontracts to other companies in an unlawful manner, and the management of the performance of the contract is neglected.”

After being notified of the violation, on January 22, 2018, the Defendant notified the Plaintiff of the disposition to revoke the registration of the elevator maintenance business.

1. Revocation of registration due to a violation of the safety management of wooden elevator facilities under the scheduled disposition;

2. The representative D of the Plaintiff Daegu Business Office

3. Notification of a violation of the regulations on restriction on subcontracting of elevator maintenance which caused the disposition - Notification of an act of violation: Elevator safety and the Ministry of the Interior and Safety-36 ( January 4, 2018): Results of a specific audit conducted by the Board of Audit and Inspection by the C agency, in violation of Article 11-5 of the Elevator Facilities Safety Management Act from January 1, 2014 to December 31, 2017, in relation to the repair business of an elevator maintenance business operator for at least six months without the written consent of the managing body, in violation of Article 11-5 of the Elevator Facilities Safety Management Act.

E. The Defendant, following the hearing procedures on February 8, 2018, shall be conducted by the Defendant.