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(영문) 서울고등법원 2016.12.23 2014누70176
측량업행정처분(등록취소) 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the court of first instance is the same as stated in Article 1(1) of the former Act on Land Survey, Waterway Survey and Cadastral Records (amended by Act No. 12738, Jun. 3, 2014; hereinafter referred to as the “Act”), except for the cases written by the court as stated in Article 13 of the Act on Land Survey, Waterway Survey and Cadastral Records (hereinafter referred to as “Land Survey Act”).

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1) The Plaintiff registered and reported B, a non-standing survey technician, as Plaintiff’s technical human resources, and had C (high-class survey technician) employ survey technicians from April 2, 2001 to take charge of survey business, and a full-time survey technician belonging to one survey businessman may register in duplicate for another business. As such, the Plaintiff was in a state of substantially satisfying the registration criteria under Article 44(2) of the Act even at the time when B was registered as a technical human resources. (2) The term “where the Plaintiff falls short of the registration criteria under Article 44(2)” as stipulated in Article 52(1)4 of the Act (hereinafter “instant provision”), means the case where “where it falls short of the registration criteria at the time of the disposition.” The Plaintiff reported the change with full-time survey technicians who already meet the registration requirements at the time of the instant disposition, and satisfied the registration criteria under the said Article.

3) Even if the Plaintiff’s failure to meet the registration standards prescribed by law, it does not stipulate in the law that it is impossible to double registration of full-time workers identical to each other in different fields, and thus, there was considerable difficulty in preventing the Plaintiff in advance. The former Land Survey Act (Act No. 9 of June 9, 2009)

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