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(영문) 서울고등법원 2020.06.17 2019누62033
건설기술자 업무정지처분 취소 청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, such as admitting the relevant part of the judgment of the court of first instance, is as stated in the reasoning (including “related Acts and subordinate statutes,” but excluding the part “3. conclusion”) except for the modification of the relevant part of the judgment of the court of first instance as follows 2. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. The following shall be added to the right side of the 2nd 12 side of the amended part:

In addition, the Ministry of Land, Infrastructure and Transport may issue a disposition of suspension of business to the Defendant with respect to false career reporters discovered in accordance with the above control, for six months of the basic disposition period in general, for reduction (one month-1.5), for reduction (one month) and two times or more in violation, and for the increase (one month) (one month), within a maximum of eight months from three months to a minimum of eight months. However, in the sense that false career reporters discovered as above are more seriously disposed of than the private sector, the reason for mitigation (-1.5 month) is only one case, but the reason for reduction (one month) shall be disposed of within a maximum of eight months from April 5 to 60 days from the basic disposition period. However, if there is a difference between unemployed person or the personnel record and 60 days, it shall not be disposed of.

The Ministry of Land, Infrastructure and Transport has issued guidelines to the effect (hereinafter referred to as "guidelines").

(1) 6th to 9th day below the 6th day and 8th day below the following:

On the other hand, the Ministry of Land, Infrastructure and Transport’s guidelines do not apply the phrase “in cases where there is no danger or injury to the public” to the grounds for mitigation, and provide that only “in cases where there is one person’s career experience in personnel movement” shall be applied as the grounds for mitigation.

The disciplinary administrative disposition is discretionary in terms of social norms.

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