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(영문) 서울고등법원 2020.05.14 2019누51644
업무정지처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The reasons for this case are as stated in the reasoning of the judgment of the court of first instance except for a part of the judgment of the court of first instance or an additional decision, and thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Part of the first instance judgment No. 7 No. 6 “Ais.” Then, the Plaintiff submitted a confirmation of fact (Evidence No. 10) prepared by the Korea Rural Community Corporation P as of July 19, 2019 by the Plaintiff at the time of 2007 to 2008 as evidence to support the assertion, which is almost the same content as the confirmation document of facts in the aboveO’s preparation, and was submitted only in the first instance trial, and on the same grounds, it is insufficient to recognize that the Plaintiff participated in each of the relevant projects of this case reported by the Plaintiff.”

Part VII through 16 of the judgment of the first instance court are as shown in the following box.

③ The Plaintiff asserts that the instant work experience does not constitute a case where the Plaintiff made a false report as it participated in the relevant work, even in that case, as it performed the work support and technical advice for each of the instant work experience.

However, if it is interpreted that all of the above cases actually participated in the pertinent business, it may include all of the participation even if it is recognized only as simple business relationship because the contents and the mode of the performance of the business that may be included therein is unclear. The scope of participation in construction work, etc. is likely to be excessively expanded by all those who worked in the supervision department of the pertinent business that ordered the outside.

This is to ensure the appropriateness and safety of the construction work by effectively managing the professional technical experience of the construction engineer and confirming the capacity to implement the construction work.

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