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(영문) 서울행정법원 2013.11.22 2013구합11277

업무정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 29, 2008, B Co., Ltd. (hereinafter “B”) entered into a contract with the Korea Highway Corporation (hereinafter “C Construction Works”) to receive a contract for KRW 146,353,095,00 with the Korea Highway Corporation (hereinafter “instant Construction Works”). The Plaintiff, as the chief of B, was in charge of the field agent of the instant Construction Work.

B. The Minister of Land, Transport and Maritime Affairs conducted an inspection of the instant construction from August 27, 2012 to September 7, 2012, and notified the president of the Korea Highway Corporation of the fact that “The 39,631,933 won for progress payment was paid to the president of the Korea Highway Corporation and the measures taken to suspend business operations against the Plaintiff, even though the Plaintiff did not install the seals, seals, and seals of 162 of the PC beam lines of 162.

(A) the difference (B-A) between the actual performance status of the previous section (B-A) and (B) the aggregate of the 371,884,606 411,516,539,631,933

1. Direct construction costs 263,001,843 291,030,084 28,028,241;

(a)refembing steel and concrete 27 263,001,843 27 263,001,843 - - Other

(b) PCD seals and Mammed concrete - 14,351,762 at 162 locations 14,351,762 non-constructions;

(c)PS beamline installation - - 27 13,676,479 27 13,676,479 non-construction

2. Expenses, etc. under 108,882,763 120,486,455 11,603,692

C. Accordingly, on April 1, 2013, the Defendant rendered a disposition of suspension of business for three months under Article 6-4 of the Construction Technology Management Act (hereinafter “instant disposition”) against the Plaintiff on the ground of “the occurrence of property loss to the contracting authority” (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 8, 9, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 Article 6-4 (1) of the Construction Technology Management Act.