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(영문) 대법원 2015.05.28 2015두37099
건설업등록말소처분 취소
Text

The judgment below is reversed, and the case is remanded to the Daegu High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1 and 2

A. Article 83 Subparag. 3 of the former Framework Act on the Construction Industry (amended by Act No. 11466, Jun. 1, 2012) provides for “where a constructor fails to meet the registration standards for construction business” as the grounds for cancellation of construction business registration (main sentence) and provides for “where a construction business operator fails to meet the registration standards temporarily, such as falling short of the registration standards,” as the exceptional grounds for the exception (main sentence). According to delegation, subparagraph 3(a) of Article 79-2 of the Enforcement Decree of the Framework Act on the Construction Industry provides for “where a construction business operator fails to meet the registration standards for construction business,” one of the exceptional grounds for cancellation of registration of construction business, the court determines to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy

(2) Article 2(1) of the Enforcement Decree of the instant Enforcement Decree provides that “Where rehabilitation procedures are in progress,” a construction business operator who fails to meet the capital standards, shall be subject to the reduction of or exemption from rehabilitation claims, and Article 3(2) of the Enforcement Decree of the instant Enforcement Decree provides that “where rehabilitation procedures are in progress,” a construction business operator shall be subject to the reduction of or exemption from rehabilitation claims and the cancellation of registration.”

The purpose and purpose of the provision of the Enforcement Decree of this case, and other exceptions to the cancellation of construction business registration under Article 79-2 of the Enforcement Decree of the Framework Act on the Construction Industry;

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