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(영문) 서울행정법원 2018.03.30 2017구합83805
시정지시처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the corrective instruction;

A. The Plaintiffs are corporations whose business purpose is human resources supply business, etc.

The Paris Cra, a corporation, the business purpose of which is bread, care, booming production, sales, etc., runs a franchise business with the trade name of “ Paris booming” by entering into a franchise agreement with individual entrepreneurs (hereinafter “franchises”).

B. The Plaintiffs concluded a business agreement with the content that would provide the Plaintiffs with the services of the Paris Croas Co., Ltd. and the franchisees.

C. Since then, the Plaintiffs entered into a contract with franchisees and franchisees to provide their services for bread and Kapet technicians who belong to the Plaintiffs, and to receive the payment for such services from franchisees, and thereafter, the Plaintiffs provided their services to franchisees. D.

The Defendants performed the labor supervision over the Plaintiffs from July 11, 2017 to September 19, 2017, and issued each corrective order listed in the separate sheet No. 1 (hereinafter “each of the instant corrective orders”) to the Plaintiffs on September 28, 2017.

E. The Plaintiffs requested the Defendants to extend the deadline for each of the instant corrective orders, and the Defendants extended the deadline for each of the instant corrective orders on October 24, 2017 to November 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 12, Eul evidence Nos. 3 and 8 (including branch numbers), the purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. The summary of the defense prior to the merits of this case does not constitute a disposition subject to appeal litigation, and thus, the Plaintiffs’ lawsuit is unlawful in entirety.

(b) Attached Form 2, such as relevant statutes, shall be as stated;

C. The legal nature of each corrective order of this case is each of the corrective orders of this case.

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