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(영문) 서울행정법원 2017.06.02 2016구합70208
전기공사실적삭감처분취소
Text

1. On July 29, 2016, the Defendant’s disposition of appraisal of execution capacity and disposition of public announcement made to the Plaintiff shall be revoked.

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

Reasons

1. Details of the disposition;

A. On June 9, 2016, the Plaintiff, a company running electrical construction business, etc., succeeded to the status of the constructor of the Republic of Korea under Article 7(1)3 of the Electrical Construction Business Act by split-off of the part of the electrical construction business of Korea, Inc. (hereinafter “Korea”), which is engaged in the power distribution team and automatic control team, electrical circuit, opening and closing device manufacturing, and electrical construction business.

Under Article 32(2) of the Electrical Construction Business Act, the Defendant is an electrical construction business entity that is entrusted by the Minister of Trade, Industry and Energy with the work of evaluating and disclosing the execution capacity of electrical construction business operators (hereinafter referred to as “electric construction business”) pursuant to the said Act.

B. The Defendant did not recognize the entire contract amount as the performance of construction work under the attached table Nos. 1 through 3 of the year Nos. 2015, among the details of the construction work reported by the Republic of Korea prior to the merger, as the performance of construction work in 2015, the Defendant requested submission of opinions on July 5, 2016 to the effect that only the part corresponding to the construction work out of the contract amount should be recognized as the performance of construction work, and notified that the total amount of 3,467,083,00 won (hereinafter “instant performance”) was reduced on July 15, 2016, only for the same reasons as the attached table Nos. 4 through 14, 14, and 14, respectively.

(hereinafter referred to as “instant performance identification report”) C.

On July 29, 2016, the Defendant assessed the Plaintiff’s execution capacity of 2016 as KRW 3,349,609,000 on the premise that the instant performance had been reduced, and publicly notified by the Defendant.

(hereinafter referred to as “instant assessment disposition” in combination with such evaluation and publication.

On July 26, 2016, the Plaintiff filed a lawsuit seeking revocation of the instant notification of the reduction of performance records, and sought revocation of the instant assessment disposition by filing an application for modification of the purport of the claim on August 10, 2016.

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