1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff completed the registration of a specialized construction business (construction business) in accordance with Article 9 of the Framework Act on the Construction Industry as a company established on July 22, 2015 for the purpose of building business, construction business, interior fishery, etc.

After investigating whether the Plaintiff’s requirements for registration of construction business are satisfied upon the request of the Ministry of Land, Infrastructure and Transport to investigate the actual conditions of registration of construction business, the Defendant assessed the Plaintiff’s total capital amount of 2016 financial statements as KRW 573,127,04. The Plaintiff’s total capital amount of KRW 54,646,529, total cash amount of KRW 54,897, total amount of unpaid corporate tax and equipment, KRW 2,310,897, total amount of unpaid corporate tax, KRW 2,460,663, advance payment amount of KRW 490,000 as non-performing assets, and KRW 2,302,50 as an additional amount of capital amount of KRW 26,01,455.

On June 18, 2018, the Defendant issued a prior notice of the disposition of the suspension of business to the Plaintiff, following the hearing procedures on July 5, 2018, and on July 27, 2018, issued a disposition of the suspension of business for five months (from August 27, 2018 to January 26, 2019) on the ground that the Plaintiff’s capital in 2016 falls short of KRW 500,000,000 for the registration standards under the Framework Act on the Construction Industry and the Enforcement Decree thereof.

(2) In light of the above legal principles, the Plaintiff’s representative director accepted the Plaintiff in 2017 and received the Plaintiff’s capital in 2017, and made the instant disposition on the ground that it was possible to supplement the capital through business activities, and thus, it is unreasonable to deem that it violated the principle of proportionality and thus, violates the principle of proportionality.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Whether a punitive administrative disposition exceeds the scope of discretion under the social norms, or abuse of discretion, is public interest by objectively examining the content of the violation as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances.