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(영문) 서울행정법원 2016.04.28 2015구합79444
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Details and details of the disposition; and

A. On June 23, 2006, the Plaintiff registered construction business under the Framework Act on the Construction Industry.

(업종: 토목건축공사업, 등록번호: 01-0343). 나.

On December 2, 2014, the Defendant was notified by the Minister of Land, Infrastructure and Transport of the fact that “the Plaintiff is suspected to have less than 1.2 billion won in capital)” and requested the Plaintiff to submit data for fact-finding survey on January 21, 2015.

C. After examining the data submitted by the Plaintiff, the Defendant issued the following prior notice to the Plaintiff on August 11, 2015.

Amount of 2,227,345,170 won (temporary deposit: 80,000 won, loans: 78,708,708,710 won, loans: 370,632,80 won, and other bonds: 240,000,000 won: 240,000,000 won, 240,000,000 capital in 2013 (as of December 31, 2013: 3,169,54,568): - Total amount of capital in 2013 (as of December 31, 2013):3,00,00,00 won, 257,790,602 won:

D. On November 4, 2015, the Defendant rendered a disposition for four months of business suspension (from December 1, 2015 to March 31, 2016) on the ground that “the Plaintiff’s capital in 2013 falls short of the criteria for registration of construction business,” pursuant to Article 83 Subparag. 3 of the Framework Act on the Construction Industry, etc., against the Plaintiff.

(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Gap 1-5 evidence, Eul 1-5 evidence, and the purport of the whole pleadings.

2. Although the gist of the Plaintiff’s assertion is not stated in the Plaintiff’s financial statements in 2013 financial statements, the Plaintiff has a total of KRW 959,819,754, a total of the claim for construction cost against A, and its claim can be recovered through a lien, such claim should be included in the real asset for calculating the Plaintiff’s capital.

In reflecting this, the capital of the plaintiff in 2013 is at least 1.2 billion won.

Therefore, the instant disposition is unlawful.

3. Determination: Whether the instant disposition is lawful

A. Relevant statutes and their interpretation 1) Specific contents are as shown in attached Table 1.2) Framework Act on the Construction Industry.

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