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(영문) 서울행정법원 2016.09.23 2014구합11106
종합공사시공업영업정지처분취소
Text

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. In accordance with Article 91(3)1 of the former Framework Act on the Construction Industry (Amended by Act No. 11794, May 22, 2013) on September 10, 2013, the Plaintiff, a corporation engaged in construction business, etc. among general construction construction work execution business, reported the matters concerning the registration standards for construction business under Article 9(4) of the former Framework Act on the Construction Industry to the Korea Construction Association (Seoul City Council) entrusted with the authority of the Minister of Land, Infrastructure and Transport to receive reports on construction business registration and to confirm the details of reports.

B. However, as a result of examining whether the criteria for registration of construction business against the Plaintiff are satisfied, the Korea Construction Association (Seoul City Association) reported that the Plaintiff’s paid-in capital falls short of KRW 500 million, which is the registration criteria for construction business prescribed in Article 10 subparag. 2 of the former Framework Act on the Construction Industry and Article 13(1) subparag. 1 and [Attachment Table 2] of the former Enforcement Decree of the Framework Act on the Construction Industry (amended by Presidential Decree No. 24443, Mar. 23, 2013) as of December 31, 2012, and notified the Defendant delegated by the Minister of Land, Infrastructure and Transport pursuant to Article 91(1) of the former Framework Act on the Construction Industry and Article

C. Accordingly, on December 19, 2013, the Defendant held a hearing procedure with the Plaintiff, and concluded that the Plaintiff’s capital falls short of the Plaintiff’s standards for construction business registration. On June 9, 2014, pursuant to Article 10 Subparag. 2, Article 83 Subparag. 3, and Article 84 of the former Framework Act on the Construction Industry, and Article 80(1) and attached Table 6 of the former Enforcement Decree of the Framework Act on the Construction Industry, the Defendant issued an order to suspend the business of general construction and construction (hereinafter “instant disposition”) for five months from July 1, 2014 to November 30 of the same year.

On the other hand, the calculation details of the Plaintiff’s capital assessed by the Defendant are as follows.

(1) The criteria for registration under the table shall include the total sum of non-performing assets and the total sum of non-performing assets for each item, and the amount of 500,000,0003,098,862,0513,352,103,653 sales claims 24,00,000 tangible assets.

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