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(영문) 대법원 1971. 10. 19. 선고 71누104 판결
[전기공사업면허취소처분취소][집19(3)행,024]
Main Issues

electrical construction business operator means an individual or corporation that has obtained a licence for the electrical construction business, and does not include a director if the licensee is a corporation;

Summary of Judgment

Income tax under Article 6 of the Invention Protection Act (Abolition) shall include corporate tax on a corporation.

[Reference Provisions]

Article 34 of the Electrical Construction Business Act

Plaintiff-Appellee

Space Construction Corporation

Defendant-Appellant

Minister of Commerce and Energy

original decision

Seoul High Court Decision 70Gu337 delivered on June 8, 1971

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the Defendant’s grounds of appeal.

According to Article 34 of the Electrical Construction Business Act, the Minister of Trade, Industry and Energy may cancel the license of the electrical construction business operator when the licensed electrical construction business operator falls under any of the subparagraphs of Article 34. In this context, the electrical construction business operator refers to an individual or corporation itself, and if the licensed electrical construction business operator is a corporation, an individual or a director of the corporation may not be deemed to be included in the above electrical construction business operator. However, according to the same judgment, under the same judgment, the non-party, the representative of the plaintiff company, who is not the representative of the international electrical industry corporation whose judgment was revoked, cannot be deemed to be a director who is not the representative of the said international electrical industry corporation. Accordingly, there is no error in the decision that there is no room for application of Article 10 subparagraphs 3 and Article 11 of the same Act to the plaintiff in this case, and the decision is omitted on the premise that the above non-party is the person whose license was revoked pursuant to Article 34 of the same Act.

Therefore, this appeal is dismissed as it is eventually without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The presiding judge of the Supreme Court (Presiding Judge) shall be stationed in the red net scarbs;

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