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(영문) 서울고등법원 2014.10.22 2013누52232
등록취소처분 취소
Text

1. Revocation of the first instance judgment.

2. The revocation of registration made by the Defendant to the Plaintiff on March 28, 2013 shall be revoked.

3...

Reasons

1. On January 11, 201 and January 18, 2012, the Plaintiff engaged in the ground survey business, etc. on the course of the disposition, by illegally borrowing the national technical qualification certificate from C and B, reported it to the Defendant as the Plaintiff’s ground survey technician.

On March 28, 2013, the Defendant issued a disposition revoking the Plaintiff’s registration of surveying business (hereinafter “instant disposition”) on the ground that the Plaintiff falls under “cases failing to meet the registration standards under Article 44(2)” under Article 52(1)4 of the Land Survey, Waterway Survey and Cadastral Records Act (hereinafter “Land Survey Act”).

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The phrase “where the Plaintiff’s assertion falls short of the registration standards under Article 44(2)” refers to the case where the Plaintiff falls short of the registration standards at the time of the instant disposition. As the Plaintiff met the registration standards at the time of the instant disposition, the legal provision of this case cannot be applied to the Plaintiff.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In full view of the following circumstances, it is reasonable to view that the legal provision of this case “if the legal provision of this case does not meet the registration standards under Article 44(2)” refers to a case which falls short of the registration standards at the time of

However, there is no dispute between the parties that the Plaintiff did not meet the registration standards by supplementing the registration standards that were insufficient at the time of the instant disposition.

Therefore, the instant disposition is unlawful.

(1) The legislative purpose of a certain Act is legitimate and its chosen means to achieve its purpose.

Even if legislators can realize the purpose of legislation by discretionary regulations, the purpose of legislation is to eliminate the possibility of considering the individual nature and specificity of specific cases by the necessary regulations.

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