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(영문) 서울행정법원 2018.03.29 2017구합5836
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a rearrangement project management contractor under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, was found to have known to the Defendant on July 21, 2016, even though A retired on June 1, 2015.

B. From July 2016 to April 2017, the Defendant conducted an overall inspection on the management entity specialized in improvement projects, and as above, on the ground that the Plaintiff did not notify the Plaintiff of his/her death from technical personnel, which is the modified registration, within the modified registration period of two months, on June 9, 2017, the Defendant issued a disposition to the Plaintiff on June 9, 2017, Article 73(1)9 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “Urban Improvement Act”) and Articles 64(1) and 66 [Attachment Table 5] of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 27473, Aug. 31, 2016; hereinafter “Enforcement Decree of the Urban Improvement Act”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's assertion that the period of suspension of business following the disposition of this case has already been over, and that there is no interest in the lawsuit seeking revocation of the above disposition to the plaintiff.

B. (1) Determination 1) Although the effect of a punitive administrative disposition has ceased due to the lapse of the sanctions period set in the relevant disposition, the relevant administrative disposition is subject to sanctions in accordance with the disposition standards set forth in the relevant provisions (hereinafter “prior disposition”).

(1) If a person is subject to an aggravated or conditional measure, the future punitive measure (hereinafter referred to as “after action”) shall be deemed to be a cause or premise for the increase.

If there is a concern that prior disposition is subject to aggravated grounds or premise as prescribed by relevant provisions, the other party subject to the prior disposition has expired even though the period of sanctions prescribed by the prior disposition.

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