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(영문) 서울고등법원 2018.12.14 2018누48962
업무정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except where the judgment of the court of first instance is added with respect to the matters asserted by the plaintiff in the court of first instance as stated in the following Paragraph 2. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative

Part 2 of the judgment of the first instance shall be referred to as the "Urban Improvement Act" (hereinafter referred to as the "Urban Improvement Act"), and Part 3 as the "Enforcement Decree of the Urban Improvement Act" (hereinafter the same shall apply).

2. According to Article 74(1) of the Urban Improvement Act, the Plaintiff asserts that the Defendant may order the Plaintiff to submit data related to the business only “when necessary for supervising the business,” and that the income certificate source that the Defendant requested the Plaintiff to submit to the Plaintiff is only one of many materials proving the existence of full-time human resources, and thus, it cannot be deemed necessary for the supervision of the Defendant’s business. Accordingly, the Plaintiff should not be deemed as a violation of the obligation to submit data that the Plaintiff failed to submit the income certificate to the Defendant

Article 74 (1) of the Act on Urban Improvement provides that "the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may, when necessary for the supervision of a rearrangement project management contractor's business, have a certain number of full-time manpower in order to register a rearrangement project management contractor pursuant to Article 69 (1) of the Act on Urban Improvement and Article 69 (1) of the Enforcement Decree of the Act on Urban Improvement and Article 63 (1) and attached Table 4 of the Enforcement Decree of the Act on Urban Improvement.

The defendant needs to conduct an occupational supervision over the plaintiff, who is a specialized management businessman of rearrangement projects, as to whether the plaintiff has full-time human resources prescribed in the above Acts and subordinate statutes, and the income certificate officer may verify the existence of full-time

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