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(영문) 서울고등법원 2018.11.16 2017누46556
시정명령및과징금납부명령취소
Text

1. The Defendant’s corrective order, as set forth in attached Form 1, written against the Plaintiff on April 4, 2017, to C among the corrective orders stipulated in attached Form 1, written against the Plaintiff.

Reasons

1. Basic facts

A. The status and general status of the Plaintiff, etc. (1) The Plaintiff is not a small and medium entrepreneur belonging to the “F” of the enterprise group subject to the restriction on mutual investment, and is engaged in engineering activities, development of software, manufacturing of machinery and equipment, electrical construction and industrial equipment construction business, etc. under Article 2 subparag. 1 of the Engineering Industry Promotion Act. The Plaintiff omitted the indication of G stock company (hereinafter “stock company”)

As engineering activities, electrical construction, software development and maintenance, manufacturing of machinery and equipment, etc. have been entrusted to 80 small and medium enterprise owners, etc., the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

2) Since 80 business operators including G are small and medium business operators who engage in electrical construction, system development, manufacturing, etc. and are entrusted with manufacturing, service, or construction by the Plaintiff, they fall under the subcontractor under Article 2(3) of the Subcontract Act.

3) The general status of the Plaintiff is as listed below in the table 1, and the general status of the relevant subcontractors is as listed in the attached Table 3. The number of regular employees employed on the basis of the current general status of the Plaintiff at 76,071,804,863 79,634 △△△634 2,250 921,524 20,326 262,342, 3426 76,017 1,050,747 33,7962,455 2012 68,517,6240,6240,089 2,504 (the unit of KRW 76,017,050,747 33,7962,455 2012.

B. The Plaintiff’s act 1) The act of establishing a performance reserve provision (a) the Plaintiff’s act of establishing a special agreement is three subcontractors, including H, from May 30, 2014 to October 16, 2014, and the Plaintiff’s act of establishing a performance reserve provision, as the business of large-scale steel mill jointly operated by Brazil I K, F, and Brazil at the ratio of 3:2:5 billion dollars and annual output is three million tons.

M entered into a contract with the Plaintiff.

'J' and 'three subcontract agreements' related to construction are related to 1 I of this case.

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