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(영문) 대구지방법원 2016.08.30 2015구합23795
영업정지처분취소
Text

1. The Defendant’s business suspension disposition against the Plaintiff on August 13, 2015 is revoked for two months.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From May 8, 2015, the Plaintiff was a corporation established for the purpose of dismantling non-inter structure structures, etc., the removal work for the Daegu Suwon-gu Apartment-gu apartment B (hereinafter “instant apartment”) (hereinafter “instant construction work”).

B. On June 20, 2015, in order to remove 11 units of the instant apartment, the Plaintiff was trying to approach the outer wall structure of the surface abutting on the road by using the digging gear to the direction opposite to the road. On June 20, 2015, the Plaintiff destroyed street lamps, soundproof walls, and news blocks by digging up the road in the direction of the road, and damaged the vehicles in front of the NAE by cutting the vehicles in front of the signal atmosphere due to the destruction of street, etc.

(hereinafter referred to as “instant accident”). C.

In accordance with Article 82(2)5 of the Framework Act on the Construction Industry (Amended by Act No. 13469, Aug. 11, 2015; hereinafter the same shall apply), Article 80(1) of the Enforcement Decree of the Framework Act on the Construction Industry (Amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter the same shall apply), and Article 80(2)(a)19 of the attached Table 6-2(a) of the Enforcement Decree of the Framework Act on the Construction Industry, the Defendant issued a disposition of suspending business against the Plaintiff for the reason that the Plaintiff performed a poor construction work intentionally or by negligence (from September 1, 2015 to November 30, 2015). D. Accordingly, the Plaintiff filed an administrative appeal with the Daegu Metropolitan City Administrative Appeals Commission for administrative appeals, and the Daegu Metropolitan City Administrative Appeals Commission changed the business suspension on September 21, 2015 from 15 to 20 months before December 15, 2015.

The two-month business suspension remaining in the disposition described in the subsection shall be referred to as “instant disposition.”

【Ground of recognition】 A without any dispute, Gap Nos. 1, 2, 5, and 12, and Eul Nos. 1, 3, and 4 (Ga number.)

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