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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that runs a construction business, etc. established on November 13, 200, and engages in a business of performing general construction works under the Framework Act on the Construction Industry.
B. On July 24, 2013, the Defendant issued a disposition of business suspension for three months from August 10, 2013 to November 9, 2013 on the ground that the Plaintiff fell short of the standards for the registration of construction business.
(hereinafter “instant disposition of business suspension”). C.
On December 21, 2016, the Defendant revoked the registration pursuant to Article 83 subparagraph 3-3 of the Framework Act on the Construction Industry on the ground that the Plaintiff falls short of the same registration criteria (capital) within three years after receiving the disposition of business suspension.
(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s evidence Nos. 1, 2, 5, 6, and 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the disposition of this case was rendered due to the Defendant’s neglect of his duties and the disposition of this case’s suspension of business falls short of the same registration standard within three years after the disposition of this case’s suspension of business was rendered late. Thus, the disposition of
(b) as shown in the attached Form of the relevant statutes;
C. Article 83 subparag. 3-3 of the Framework Act on the Construction Industry provides that the registration of construction business shall be cancelled in a case where the construction business falls short of the same registration standard within three years after a business suspension order was issued because it falls short of the registration standards for construction business under Article 10, and does not provide that the delay in the preceding business suspension order is an exception to the cancellation of registration. Thus, the instant disposition cannot be deemed unlawful insofar as the Plaintiff’s failure to meet the same registration
In addition, according to the above employment evidence and evidence Nos. 3 and 4, Article 49 (1) of the former Framework Act on the Construction Industry (amended by Act No. 11690, Mar. 23, 2013) shall be applied to the defendant on September 20, 2012.