logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.17 2019구합62070
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 March 2, 1990 to March 31, 2012, the Plaintiff retired from office while serving as an official officer in the Army, and currently serving as a construction engineer.

B. On February 1, 2019, the Defendant rendered a disposition of six months of business suspension (from February 23, 2019 to August 22, 2019) on the ground that the Plaintiff filed a false report on the career of a construction engineer.

The specific reasons are as follows: (a) regarding the Plaintiff’s reporting on the work experience of supervision and supervision as a construction supervisor from January 1, 201 to March 31, 2012 in the B remodeling Construction Works ordered by the Ministry of National Defense; and (b) the said reporting period was the period during which the said work was not performed; and (c) such reporting is a false report on the work experience.

(hereinafter the above career experience (hereinafter referred to as “the career experience of this case” and “the above construction work of this case”). 【No dispute exists, Gap evidence Nos. 1, 2, and 8, Eul evidence Nos. 1 through 7, the purport of the whole pleadings, and the purport of the whole pleadings.

2. On July 1, 201, when the Plaintiff’s assertion begins, the Plaintiff participated as the competent officer, and was ordered to receive an order from the occupational reporting group on July 1, 201, while the Corporation is proceeding, and became a situation in which the Plaintiff transferred the affairs related to the Corporation to

As a successor has not experienced much, it is helpful for the Army to request assistance and it is better to secure his/her experience, and it has been actually continued to perform the work of the Corporation.

Therefore, the plaintiff could not be deemed to have reported his career falsely, and there was no intention to report falsely.

Therefore, the instant disposition should be revoked.

3. Determination on the legality of the disposition

A. Since sanctions imposed on violations of administrative laws are sanctions imposed on the objective facts of violations of administrative laws in order to achieve administrative purposes, it may be unreasonable for the violator to be unaware of his/her obligations, and thus, it would be reasonable for the circumstances to present it to the party concerned or expect the performance of his/her obligations to the parties concerned.

arrow