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

The grounds of appeal are examined.

1. Article 44(2) of the former Act on Land Survey, Waterway Survey and Cadastral Records (amended by Act No. 12738, Jun. 3, 2014; hereinafter “Act”) provides that “a person who intends to engage in surveying business shall meet the registration standards for technical human resources, equipment, etc. prescribed by Presidential Decree for each type of business and register with the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor.” Article 36 of the former Enforcement Decree of the Act on Land Survey, Waterway Survey and Cadastral Records (amended by Presidential Decree No. 25104, Jan. 17, 2014; hereinafter “Enforcement Decree”) defines the registration standards for surveying business by dividing them into technical ability items and equipment items.

In addition, Article 52 (1) of the Act provides that where a surveying business person falls under subparagraph 4 of the same paragraph, the Minister of Land, Infrastructure and Transport, etc. shall revoke the registration of surveying business, and subparagraph 4 of Article 4 of the Act provides that "if the surveying business person falls under subparagraph 4 of the same paragraph, the Minister of Land, Infrastructure and Transport, etc. shall revoke the registration of surveying business: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as temporary failure to meet the registration standards, etc.," and Article 44 of the Enforcement Decree of the Act provides that "where the period of falling short of the registration standards due to the death, disappearance, or retirement of a person who has the technical ability

The purport of this Act to allow registration of surveying business to only companies that meet the requirements for registration, such as certain technical capacity and equipment, is to ensure the public nature of the surveying system and the accuracy of the surveying business by preventing those who fail to meet the requirements for registration, thereby protecting the legal stability of land-related legal relations and the rights and interests of the people, and taking into account such legislative intent, Article 52(1) proviso and 4 of the Act.