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(영문) 서울행정법원 2016.08.26 2015구합79468
실적삭감처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a constructor who completed the registration under Article 4(1) of the Electrical Construction Business Act (hereinafter “Act”). The Defendant is a constructor’s association that is entrusted by the Minister of Trade, Industry and Energy with the task of evaluating and publicly announcing the execution capacity of construction business operators pursuant to Article 32(2)

B. After re-verification of the records of construction from 2009 to 2013, the Defendant demanded the Plaintiff to submit explanatory materials on the two cases of the Plaintiff’s 201 electrical construction records in April 2, 2015, on April 23, 2015 for the Plaintiff’s 11 cases of electrical construction records from 2010 to 2012, and on June 4, 2015, the Defendant again demanded the Plaintiff to submit explanatory materials on the said 11 cases.

C. On August 31, 2015, the Defendant failed to submit explanatory materials to the Plaintiff on three occasions. After deliberation by the Performance Management Committee of the Gyeonggi-do Council to which the Defendant belongs on two occasions, the Defendant determined that the 10 amount reported by the Plaintiff was false and that the 2010 amount of performance was KRW 2,514,84,256,00 from KRW 2,514,84,00 to KRW 2,310,256,00, and the amount of performance in the year 2011 to KRW 1,852,96,00 from KRW 1,797,652,652,00 from KRW 1,124,182,00 and the amount of performance in the year 2012 to KRW 1,04,182,182,000 from KRW 1,00 to KRW 1,014,182,000 from KRW 20,300.

On September 1, 2015, the Plaintiff filed an application with the Defendant for dispute mediation on the above 10 electrical construction performance notified as false performance, and the Defendant, on September 17, 2015, as a result of deliberation by the Central Performance Management Committee, on the Plaintiff on September 17, 2015, acknowledged that one of the above 10 electrical construction performance for the year 2012, among the above 10 electrical construction performance, is true, and thus, it is expected that the Gyeonggi-do Council to which the Defendant belongs, will take measures to reinstate the reduction performance to its original state, and the remaining 6 cases and 3 cases of electrical construction performance for the year

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