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(영문) 대전지방법원 2019.12.19 2019구합100171
업무정지처분취소
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. The Plaintiff’s personal relations between the parties is a technician in the field of “construction” in the current construction under the Construction Technology Promotion Act, referring to attached Table 1 of the Enforcement Decree of the Construction Technology Promotion Act. From August 25, 1976 to March 27, 2015, the Plaintiff is serving as a public official in charge of construction-related work as a local architect or a local technical engineer (see, e.g., the second page of the Plaintiff’s complaint) and working as a supervisor from April 1, 2015 to March 1, 2015.

(A) Evidence No. 3, see Plaintiff’s complaint No. 3.b.

Article 24(1)1 of the former Construction Technology Promotion Act (amended by Act No. 15719, Aug. 14, 2018); Article 20(1) [Attachment Table 1] of the Enforcement Rule of the same Act; Article 82 of the Construction Technology Promotion Act; Article 115 of the Enforcement Decree of the same Act; and Article 115 of the same Act, the Defendant delegated the authority of the Minister of Land, Infrastructure and Transport to the Plaintiff (see subparagraph 2 of the second reply of February 28, 2019). On October 18, 2018, the Plaintiff was subject to the instant disposition of suspension of business on the ground that the Plaintiff filed a false report on work experience on August 26, 2011; and Article 20(1) [Attachment Table 1] of the Enforcement Rule of the same Act, and the Plaintiff was clearly subject to the instant disposition of suspension of business on the ground that the Plaintiff filed a false report on work experience on March 27, 2015 (see evidence 11).

C. Details 1 of the career experience that the Plaintiff, which served as the basis for the instant disposition, filed a false report with B/Do Governor upon request of B/Do Governor to verify the Plaintiff’s career experience and received confirmation from B/Do Governor on August 22, 2011 (Article 9(1)1 of the former Enforcement Rule of the Construction Technology Promotion Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 450, Mar. 16, 201).

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