1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Details of the disposition;

A. On March 20, 1993, the Plaintiff registered a landscape construction business and filed a new report on the standards for registration of a construction business every time the registration period expires, and filed the second report (hereinafter “instant report”). On July 8, 2009, the Plaintiff filed a report on B registered as the representative director of the Plaintiff on the corporate register as at the time of the Plaintiff’s representative.

B. Meanwhile, in the instant report, the above B was appointed as the representative director of the Plaintiff on July 20, 204, and on January 15, 2009, the Changwon District Court was sentenced to a suspension of the execution of four months of imprisonment for a violation of the Road Traffic Act (unlicensed driving) and the above judgment became final and conclusive around that time. This constitutes a ground for disqualification for construction business registration under Article 13 (1) 4 of the former Framework Act on the Construction Industry (amended by Act No. 9875 of Dec. 29, 2009; hereinafter “former Act”).

C. Accordingly, on December 22, 2009, the Defendant publicly announced the results of the acceptance of report that the instant report was inappropriate with the above B’s representative (hereinafter “the results of the instant acceptance of report”), and notified the Plaintiff thereof. On December 22, 2009, the Defendant issued a disposition to cancel the Plaintiff’s registration of construction business as of January 1, 2010 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, 6, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion: ① although B was registered as representative director on the plaintiff's corporate register, B was merely an employee of D operated by C, a substantial operator of the plaintiff; and on the wind that B did not notify the plaintiff of the result of his criminal trial, the plaintiff company and C received the report of this case.