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(영문) 대구지방법원 2015.06.10 2014구합22207
건설업등록말소처분취소
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;

가. 원고는 토목건축공사업 등을 목적으로 설립된 회사로, 토목공사업을 업종으로 건설업등록(등록번호 : B)을 하였다.

B. On December 14, 201, C, D, and E acquired all the shares issued by the Plaintiff from the former representative director, etc. of the Plaintiff (F: F Co., Ltd.) on December 14, 201; C was the representative director of the Plaintiff; D, and E was the director and auditor of each Plaintiff; and on the same day, C acquired the Plaintiff’s business by changing the trade name as at the present.

C. On April 22, 2014, the Commissioner General of the South Maritime Police Agency notified the Defendant of the administrative measures in accordance with relevant statutes, as the Plaintiff was suspected of violating the National Technical Qualifications Act, since he/she borrowed civil engineering engineer qualification certificate from G as indicated below.

1. G as an owner of a qualification certificate of civil engineering engineer, G lent only the qualification certificate for civil engineering engineer under his/her own possession without actually working for the Plaintiff from October 18, 2010 to March 1, 2012.

2. The Plaintiff (Representative C) borrowed a qualification certificate of G civil engineering engineer for the purpose of maintaining the qualification for registration of civil engineering work. D.

Accordingly, the Defendant confirmed that G was registered as the Plaintiff’s construction engineer from October 18, 2010 to February 29, 2012, and excluded G from technical personnel for civil engineering work, and determined that G falls short of the technical qualification standards for civil engineering work from May 201 to February 2, 2012, the Plaintiff filed a disposition to cancel construction business registration registration (the date of cancellation of registration: September 29, 2014) against the Plaintiff pursuant to subparagraphs 2 and 6 of Article 83 of the Framework Act on the Construction Industry on the ground that the Plaintiff falsely reported construction business registration standards and satisfied national technical qualification requirements on August 26, 2014, on the ground that he/she leased national technical qualification certificates and satisfied national technical qualification requirements (hereinafter “instant disposition”).

E. The above act of lending a qualification certificate for civil engineering engineer G was finalized upon receiving a summary order of KRW 1 million, and C and the Plaintiff was convicted of a fine of KRW 1 million.

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