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(영문) 서울행정법원 2020.09.29 2019구합88583
영업정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On November 7, 2016, the Plaintiff registered the construction business regarding elevator installation business pursuant to Article 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 15991, Dec. 18, 2018; hereinafter the same) on December 8, 2016, as a corporation established for the purpose of elevator installation business, etc. on an elevator installation business.

B. On November 25, 2019, the Defendant issued a disposition of business suspension of 4 months (hereinafter “instant disposition”) pursuant to Article 10 of the former Framework Act on the Construction Industry and Article 13(1)1 [Attachment 2] of the former Enforcement Decree of the Framework Act on the Construction Industry (amended by Presidential Decree No. 29086, Aug. 7, 2018; hereinafter the same shall apply) on the ground that the Plaintiff’s actual capital falls short of KRW 200 million for the registration standards for elevator installation construction business as of the closing date of 2017, pursuant to Article 83 subparag. 3 of the former Framework Act on the Construction Industry and Article 80(1) [Attachment 6] of the former Enforcement Decree of the Framework Act on the Construction Industry (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is unlawful for the following reasons.

1) As a company established in November 2016, the Plaintiff failed to meet the capital requirements for the registration of construction business as of the closing date of the year 2017, but since 2018, it is unreasonable to take a disposition of business suspension for reasons of temporary failure to meet the capital standards. 2) The Plaintiff is operating the Plaintiff in a sound manner since 2018, and the Plaintiff’s business suspension disposition for reasons of failure to meet the current capital standards is deemed to make normal business difficult once it becomes unfair.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the respective descriptions of Gap evidence Nos. 2 to 4, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings, the following facts are recognized:

1. The defendant on October 1, 2018 by the Minister of Land, Infrastructure and Transport.

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