1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is a corporation established on June 14, 2001 and completed the registration of an engineering work business on July 23, 2001.

The fact that constitutes the cause of the disposition is that the capital falls short of the result of the fact-finding survey on the actual conditions of general construction business registration (based on the closing date of 2015): 1,027,252,54,917 (units) and the amount classified as KRW 1,027,252,546 - the amount of provisional payments - the amount of 8,024,434 lease deposit - the amount of 400,616,971 appraised as of the current market price of 27,616,000 investment - the amount of 400,616,971 appraised as of May 2, 2017, the Defendant notified the Plaintiff that the disposition of suspension of construction business was scheduled to be taken on May 8, 2017.

On July 3, 2017, the Defendant issued a five-month business suspension disposition (business suspension period: from July 10, 2017 to December 9, 2017) pursuant to Article 83 subparag. 3 of the Framework Act on the Construction Industry on the grounds that the Plaintiff’s actual capital stock falls short of the standards for construction business registration as of the closing date of 2015.

On July 19, 2017, the Defendant rendered a disposition to reduce the period of business suspension by 15 days (the changed period of business suspension from July 10, 2017 to November 24, 2017) on the ground that the Plaintiff completed construction business education pursuant to Article 9-3(2) of the Framework Act on the Construction Industry against the Plaintiff, and publicly announced the period of business suspension.

(hereinafter referred to as “instant disposition”), which was changed on July 3, 2017 to April 5, 2017, is as shown in the attached Form of the relevant Acts and subordinate statutes, for the following reasons: (a) the ground for recognition exists; (b) there exists no dispute; (c) the evidence Nos. 2-1, 2, and 1-1; and (d) the purport of the entire pleadings.

On December 1, 2012, the Plaintiff concluded a lease contract (a deposit amount of KRW 400 million) with respect to a total forest area of KRW 2,364 square meters (around 716 square meters; hereinafter “instant land”) with the Plaintiff on December 1, 2012, and uses the instant land as a field yard for storing construction materials.

The plaintiff is a construction company mainly performing civil engineering works, due to the characteristics of the works.