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(영문) 서울고등법원 2016.11.04 2016누31403
시정명령등취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts that have no dispute over the facts and details of dispositions on the basis of the facts and disposition [based grounds for recognition], entry in each of the items in Gap1, 4, 8, 11, 12, Eul 14-1, 2, 3, 15, Eul 16-1, 2, 3, 17, and 18, and the purport of the whole pleadings;

A. The Plaintiff’s status is an organization established by a certified architect conducting a building project in Daegu with a view to increasing common interests in relation to supervision services, and constitutes an enterprisers’ organization under Article 2 subparag. 4 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. The Plaintiff’s general status of market structure and actual condition 1) is as follows: (a) the number of business entities organizing operating fees for the establishment date of a trade association (name) is as follows. On May 1, 2011, Plaintiff 7.5% of the supervision fees (including KRW 679 1,040,867,000), which was appropriated for the selection of a supervisor on May 1, 201; (b) the scope of a certified architect’s qualification and services is limited to a person who has passed the qualification examination conducted by the Minister of Land, Infrastructure and Transport and is able to engage in the design, construction supervision, etc. of the building; and (b) the certified architect has established an architect office and reported it to the Minister of Land, Infrastructure and Transport; (c) the certified architect is performing design duties, such as planning, construction design

C) The construction supervision system of a building is to verify whether the construction work is carried out in accordance with design documents and other relevant documents, and to provide technical guidance on quality control, construction work management, safety management, etc., and to ensure and improve the quality of the construction work. This is to ensure and improve the quality of the construction work. The structure of the construction supervision system is as follows. 3) The construction supervision system is to ensure and improve the quality of the construction work. As of June 2015, the number of the certified architect in Daegu area is 764 as of June 3, 2015, and among which the certified architect who belongs to the Plaintiff is 679, the entire

C. The Plaintiff’s regulatory act 1.

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