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 and the Plaintiff’s representative B were indicted on suspicion of violating the Framework Act on the Construction Industry and finalized upon conviction in a criminal trial (this Court Decision 2014Da3977, 2016No2671, 2017Do1089, hereinafter “instant criminal trial final judgment”); among them, facts constituting a violation of the Framework Act on the Construction Industry are as follows.
(hereinafter) (hereinafter “instant violation”). (1) around February 14, 2012, B: (a) around September 14, 201, the Plaintiff’s office located in the Government-si Seoul; and (b) the fact, from September 14, 201 to January 5, 2012, the mobilization construction company received a subcontract for construction cost of KRW 1.427,80,000 from the mobilization construction company (hereinafter “instant national highways construction work”); and (c) even though there was no actual construction work performance, the Plaintiff submitted false construction performance records to the Minister of Land, Infrastructure and Transport for the year 201.
② On November 1, 2012, 2012, F, the representative E Co., Ltd. of the E Co., Ltd., agreed to receive and supply the instant sewage culvert construction work using the Plaintiff’s trade name, which is scheduled to place an order for the instant sewage culvert construction work (hereinafter “the instant sewage culvert construction work”). The so-called “cost for lending the name” was agreed to be determined later. On November 12, 2012, F, using the Plaintiff’s trade name in the high-sea viewing room, had F receive the instant sewage culvert construction work using the Plaintiff’s trade name, and had F receive 4.96% of the total construction amount expected to be “loan cost” from F, and had F receive the supply of and demand for the instant sewage culvert construction work using the Plaintiff’s trade name.
B. On May 31, 2017, the Defendant issued a disposition of business suspension for packaging construction business on the ground that the part of the construction works on national highways among the instant violations violates Article 23(3) of the Framework Act on the Construction Industry, and on the ground that the part of sewage culvert construction among the instant violations violates Article 21(1) of the Framework Act on the Construction Industry.