1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

가. 원고(변경전 상호 : 주식회사 대유토건)는 2004. 2. 27. 설립되어, 2010. 5. 3. 토목건축공사업 등록을 하고 현재까지 토목건축공사업을 영위하고 있는 법인이다.

나. 피고는 원고가 제출한 건설업 등록사항 주기적 신고 서류를 검토한 결과 토목건축공사업의 기술능력 등록기준이 건설기술자 11명 이상(토목 5인 이상, 건축 5인 이상)임에도 2016. 3. 1. ~ 2016. 8. 사이에 건축 분야 건설기술자가 1명 ~ 4명이 미달되었음을 확인하였다.

C. On February 22, 2017, the Defendant issued a disposition of business suspension for four months pursuant to Article 83 Subparag. 3 of the Framework Act on the Construction Industry and Article 80 of the Enforcement Decree of the same Act (hereinafter “instant disposition”) on the ground that the Plaintiff failed to meet the standards for registration of construction business with respect to technical capacity.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 5 (including branch numbers, if any) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that ① lack of the Plaintiff’s registration standards for the construction business occurred temporarily in the process of moving the head office to Gyeonggi-si, ② aggravation of management conditions during a short period of time and consultation for corporate takeover, ③ the Plaintiff was in fact in suspension of business due to lack of technical capacity, ③ lack of construction likely to cause danger and injury to safety due to lack of technical capacity during a short period of time, ④ the present representative director’s acquisition of the Plaintiff’s technical ability to meet the registration standards prescribed by the Act, and the present representative director’s acquisition of the Plaintiff, there is an error of law that deviates from and abused discretionary authority.

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

C.1) Determination 1) Article 80(1) [Attachment 6] of the Enforcement Decree of the Framework Act on the Construction Industry where a constructor fails to meet the standards for registration of construction business under Article 10 of the Framework Act on the Construction Industry.