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(영문) 서울행정법원 2016.03.31 2015구합77264
시공능력평가액 재평가통보처분취소 청구
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a construction business operator who completed the registration under Article 4(1) of the Electrical Construction Business Act on July 27, 1996, and Plaintiff B acquires the Plaintiff Company on November 25, 2014, and is a representative director of the said Company on April 1, 2015.

In addition, the defendant is a constructor's association to which the Minister of Trade, Industry and Energy entrusts the evaluation and public announcement of constructors' execution capacity pursuant to Article 32 (2) of the Electrical Construction Business

B. The Defendant, on the ground that part of the actual results of electrical construction in 2009, 2010, and 2013 reported by the Plaintiff Company was found false, notified the Plaintiff Company that it had reduced the actual results of electrical construction as shown in the attached Table 1, and revaluated the Plaintiff Company’s execution capacity in 2014, and that it had the effect of the previous electrical construction performance certificate even in the ordering Party upon requesting the Plaintiff Company to return the previous certificate of electrical construction performance issued by the Plaintiff Company.

C. Meanwhile, on December 30, 2014, the Plaintiff Company entered into a contract with the Korea Electric Power Corporation for the installation of an electric distribution system with the Korea Electric Power Corporation. On October 27, 2015, the Defendant discovered that part of the Plaintiff Company’s electrical construction performance was falsely stated to the Korea Electric Power Corporation, thereby reducing the relevant performance and revaluated the execution capacity.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, Gap evidence 7-3, Gap evidence 10, 11, and the purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the defense is that the part of the Defendant’s notification of May 20, 2015 and October 27, 2015, which reduced the result of the Plaintiff Company’s electrical construction among the matters notified by the Plaintiffs as of October 27, 2015, is merely an intermediate decision within an administrative agency for the revaluation of execution capacity. The part which revaluated the Plaintiff Company’s execution capacity in 2014 was already revoked ex officio, and the remainder of the purport of the claim is merely an administrative disposition subject to appeal.

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