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(영문) 창원지방법원 2017.09.05 2016구합52970
등록취소처분취소
Text

1. The Defendant’s revocation of the registration of an elevator maintenance business against the Plaintiff on November 7, 2016 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on June 23, 1998 for the purpose of mechanical facility construction business, etc.

On November 6, 2007, the plaintiff added the purpose of elevator maintenance and management business, etc., and registered the small and medium elevator maintenance business to the defendant on November 14, 2007, and is currently running the elevator maintenance business.

B. The Defendant: (a) registered technical human resources by unlawful means while registering the change of elevator maintenance business as follows; (b) discovered that technical human resources fall short of the registration standards for technical human resources; (c) subcontracted the maintenance business of escalators to other business operators; and (d) on November 7, 2016, revoked the registration of elevator maintenance business for the Plaintiff pursuant to Articles 11(1) and (3) and 11-5 of the Elevator Facilities Safety Management Act (Amended by Act No. 14839, Jul. 26, 2017; hereinafter the same).

(hereinafter referred to as "disposition in this case"). B and C entered into a contract with technical personnel in the construction business of machinery and equipment of the Framework Act on the Construction Industry by improper means, but they were registered as technical personnel in the process of registering the change of elevator maintenance business on August 26, 2014 (hereinafter referred to as "on August 17, 1999") and they failed to meet the registration standards for the change of elevator maintenance business and the safety management of elevator facilities. On August 26, 2014, two of the technical personnel meeting the registration requirements at the time of registering the change of elevator maintenance business are registered overlapping and fall short of the registration standards for the technical personnel (three persons). The purport of the whole oral argument is that the six of the escalators installed in the Seongbuk-gu D building is to enter into a contract between May 1, 2015 and June 30, 2016. However, while the elevator subcontracted to the elevator, they did not dispute the violation of elevator facilities safety management standards.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff did not meet the standards for improper registration of technical human resources and registration is increasing the safety management of elevator facilities.

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