1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 22, 2015, the Plaintiff constituted a joint supply and demand organization with C Co., Ltd. (hereinafter referred to as “C”), and received a contract from the Defendant for D Co., Ltd. (hereinafter referred to as “instant construction”).

Meanwhile, the Plaintiff subcontracted to E Co., Ltd. (hereinafter “E”), a specialized license company that registered reinforced concrete construction business, with the instant construction work, a reinforced concrete construction business and a non-contractor.

The Seoul Special Metropolitan City demanded the Defendant to take a disciplinary measure against the Plaintiff on the ground that “the Plaintiff subcontracted the construction work to E which the Plaintiff did not register the construction work business of dismantling the non-structure” after conducting the “audit of the field related to the subcontracting of the construction site in the second half of the year 2017.”

On November 8, 2018, the Defendant issued a disposition restricting qualification for participation in bidding for one month (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Plaintiff subcontracted to the subcontractor who did not register the type of business corresponding to the construction work in relation to the instant construction work and violated Article 25(2) of the former Framework Act on the Construction Industry (amended by Act No. 14545, Jan. 17, 2017; hereinafter “Framework Act”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1, and the purport of the argument as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate or not, it must be accompanied by the non-way construction to fix the mold pumps, the plaintiff's subcontract amount (173,00,000 won) is about 5% of the total subcontract amount (3,46,00,000 won) to E, and Eul implements non-way construction only for the underground floor and the first floor due to low level of difficulty of construction technology, in light of the fact that the construction of this case was actually completed and processed without causing any impediment to quality or safety even if the main contractor executes construction work, and that the defendant, the ordering person, has approved the subcontract of non-way construction.