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(영문) 수원지방법원 2014.10.29 2014구합572
측량업행정처분(등록취소) 취소
Text

1. The Defendant’s revocation of registration on January 13, 2014 against the Plaintiff shall be revoked.

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

Reasons

1. Details of the disposition;

A. On January 17, 201, the Plaintiff engaged in an underground facility survey business, etc., filed a report with the Defendant on January 17, 201 as technical human resources for the Plaintiff’s underground facility survey business by illegally borrowing the national

B. Since November 9, 2006 to November 26, 2012, B was subject to a disposition of suspending qualification for one year and six months from the Busan Regional Land Management Office on the ground that B lent a national technical qualification certificate (survey and geospatial data engineer) to the Plaintiff.

C. On November 27, 2013, the Defendant, who was notified by the head of the Busan Regional Construction and Management Office of the fact of lending the above qualification certificate, issued a disposition revoking the registration of the Plaintiff’s underground facility survey business (hereinafter “instant disposition”) on January 13, 2014 on the ground that the Plaintiff’s act constitutes “where the Plaintiff fails to meet the registration standards under Article 44(2)” under Article 52(1)4 of the Land Survey, Waterway Survey and Cadastral Records Act (hereinafter “Land Survey Act”) excluding B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 52(1)4 of the Land Survey Act (hereinafter “instant legal provision”)

(2) Article 44(2) of the Act provides that “If the Plaintiff fails to meet the registration standards at the time of the disposition,” the Plaintiff completed the report of modification with full-time technicians who meet the registration requirements at the time of the disposition in this case, and thus, the instant disposition based on the legal provision in this case is unlawful. 2) The Plaintiff was registered and reported as technical human resources of the Plaintiff, a non-standing survey technician, due to his occupational error, and was already employed on April 2, 2001 and had the survey technician C (high-class survey technician) take charge of the survey business after employing the survey technician C (high-class technician) from April 2, 2001, and a single survey businessman is also subject to double registration.

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