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(영문) 서울행정법원 2019.05.03 2018구합60465
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was a corporation running the rearrangement project management business, and employed as a construction-specific class B of professional engineers.

The Defendant, from March 1, 2017, worked in C Large Association (hereinafter referred to as “T Large Association”) and notified the administrative disposition in advance pursuant to Article 73(1)2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply) and Article 73(1)2 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter the same shall apply), Article 66 [Attachment 5] [Attachment 5](2) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018).

B. On January 15, 2018, the Plaintiff accepted B’s resignation, and employed D as of January 16, 2018, and submitted to the Defendant on January 19, 2018 a written opinion stating the same fact, etc.

On March 20, 2018, the Defendant applied Article 106(1)2 of the Urban Improvement Act, and Article 84 [Attachment Table 5](2)(b) of the Enforcement Decree of the same Act to suspend business operations for six months (from March 26, 2018 to September 25, 2018) to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 7, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) B corresponds to the Plaintiff’s full-time manpower, but it is only that the Defendant was able to assist and take charge of the work of the large-time conference by using the weekends, etc.. The Defendant asserted that Article 84(1) [Attachment 4] [Attachment 2] of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, which is the law at the time of the instant disposition, is not a full-time manpower. However, the instant disposition is subject to the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, which is the law at the time of the violation, and Article 63(1) [Attachment 4(2)] of the former Enforcement Decree of the Act on

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