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(영문) 서울행정법원 2015.11.13 2015구합50245
영업정지처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the disposition;

A. The Plaintiff is a constructor (hereinafter referred to as “contractor”) under the Framework Act on the Construction Industry (hereinafter referred to as the “Act”), and the Defendant is the head of a metropolitan local government delegated by the Minister of Land, Infrastructure and Transport with the authority to suspend business or impose penalty surcharges pursuant to Article 82 of the Act pursuant to Article 91(1) of the Act and Article 86(1)9 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree”).

B. On March 2012, the Plaintiff contracted the construction of a new construction of poly-mixed factory located in Ulsan-dong 190-22, Ulsan-gu, Ulsan-dong, Ulsan-dong, and subcontracted the part of the water tank construction among the above construction work to Multi-Tech Co., Ltd. around November 16, 2012.

C. However, around July 26, 2013, around 17:30, 201, at the time of the collapse of a water tank for fire-fighting, which was being installed at the construction site of the said subcontractor, three nearby persons were killed, and 12 persons were injured.

On December 14, 2014, the Defendant deemed that the accident occurred due to the Plaintiff’s failure to take measures to prevent risks under Article 23(3) of the Occupational Safety and Health Act, and ordered the Plaintiff to suspend its business under Article 82(1)7 of the Act and subordinate statutes based on which the provision of Article 82(1)7 of the Act was applicable.

(hereinafter “instant disposition”) e.

On December 19, 2014, the Plaintiff filed the instant lawsuit claiming that the instant disposition did not exist, since the Plaintiff took measures to prevent risks.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7, 10, 12, 14, 15, Eul evidence Nos. 1, 4, 5, 6 (including those with abnormal numbers), and the purport of the whole pleadings

2. Once a disposition, etc. which is the object of a revocation lawsuit generally becomes effective due to the lapse of the period, the execution of the disposition, etc., and other causes, any legal interest is infringed due to the remainder of the disposition.

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