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(영문) 대구지방법원 2017.03.28 2016구합21871
건설업등록말소처분취소청구의소
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. On March 31, 2003, the Plaintiff, a corporation engaged in an engineering work after filing for registration of construction business, was subject to a disposition of business suspension for the reason of falling short of the standards for registration of construction business (technical human resources and capital) from the Defendant on August 17, 2012 (from September 1, 2012 to December 31, 2012).

B. Upon receipt of a periodic report on the matters concerning the Plaintiff’s registration standards for construction business, the Korea Construction Association determined that the Plaintiff’s capital for the business year 2014 is less than KRW 608,240,341 and thus, it falls short of KRW 700,00,000, which is the criteria for registration of engineering work as prescribed in Article 10 of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016; hereinafter “Framework Act”) and Article 13(1)1 and attached Table 2 of the former Enforcement Decree of the Framework Act on the Construction Industry (Amended by Presidential Decree No. 2740, Aug. 4, 2016; hereinafter “Enforcement Decree of the Framework Act on the Construction Industry”), and notified the Defendant of the result on September 10, 2015.

C. Accordingly, on October 5, 2015, the Defendant notified the Plaintiff of the administrative disposition due to the lack of registration criteria for construction business and notified the Plaintiff of its opinion in advance. On January 13, 2016, the Plaintiff received explanatory materials from the Plaintiff and requested the first reexamination to the Korea Construction Association, but the Korea Construction Association notified the Plaintiff of the lack of registration on January 15, 2016.

On March 2016, the defendant received explanatory materials from the plaintiff and requested the second reexamination from the Korea Construction Association, but the Korea Construction Association notified the non-conformity on March 23, 2016.

Accordingly, the defendant notified the plaintiff that he will conduct the hearing on June 30, 2016, but the plaintiff did not attend the hearing procedure. D.

Accordingly, the defendant on July 1, 2016, on the ground that the plaintiff failed to meet the same registration standards within three years after he/she was subject to the suspension of business due to the lack of the registration standards for construction business (capital) and the cancellation date of the registration of construction business pursuant to Article 83 subparagraph 3-3 of the Framework Act on the Construction Industry.

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