1. The disposition revoking the qualification of an architect against the Plaintiff on April 16, 2018 by the Defendant is revoked.

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

1. Details of the disposition;

A. On October 2014, the Plaintiff was notified of a summary order of KRW 1 million (hereinafter “instant summary order”) due to a criminal fact that “Around October 2014, B, and C lent an architect’s qualification certificate to conduct supervision of multi-family housing construction works on the Michuhol-gu Incheon and three lots of ground (hereinafter “instant construction works”) in the Plaintiff’s name, and violated Article 10 of the Certified Architects Act.” The said summary order became final and conclusive around that time.

B. On April 16, 2018, the Defendant issued a disposition revoking the qualification of an architect against the Plaintiff (hereinafter “instant disposition”) pursuant to Articles 10 and 11(1)3 of the Certified Architects Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not properly perform the resident supervision duty does not lend a certified architect qualification certificate to B and C.

B and C did not prove that the Plaintiff performed supervisory duties on behalf of the Plaintiff.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Determination 1) “Lending of a qualification certificate” prohibited by the Certified Architects Act is interpreted to mean that another person knowingly lends a qualification certificate to another person while running as an architect by using the qualification certificate (see, e.g., Supreme Court Decisions 97Do60, May 16, 1997; 97Do60, May 16, 1997; and even if an architect did not properly perform construction supervision business, if the other person did not perform construction supervision business while driving as an architect, it is difficult to view that the architect lends a qualification certificate to another person.

In addition, the criminal judgment has already become final and conclusive on the same facts in the administrative judgment.