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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
가. 원고는 2003. 12. 26. 토목건축공사업으로 건설업 등록을 한 법인이다.
B. Around July 2012, the Defendant confirmed that the real capital as of December 31, 2010 was below KRW 259,163,276 of the Plaintiff’s total capital as of December 31, 201, as a result of conducting a fact-finding survey on the registration standards of construction business against the Plaintiff.
C. On September 2013, the Defendant conducted a periodic report and examination against the Plaintiff on the matters registered in the construction business, and confirmed that there is no evidence to purchase employment insurance for technical experts A from March 2010 to September 2010, one of the registration criteria technicians is insufficient. The Plaintiff failed to submit financial statements in 2012, thereby failing to meet the capital stock for the registration standards.
On January 2, 2014, based on the results of the aforementioned investigation and examination, the Defendant rendered a disposition to suspend business operations for five months (from January 1, 2014 to May 31, 2014) (hereinafter “instant disposition”).
[Ground for Recognition: Facts without dispute, evidence No. 1-2, evidence No. 5, each entry of evidence No. 1-4, and the purport of whole pleadings]
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff Company had at least six technical experts and at least five technical experts permanently stay to meet the criteria for registration of construction business with respect to technical capacity, and thus, the instant disposition was unlawful. 2) The Plaintiff’s capital in 2010 exceeds KRW 2.7 billion, and the capital in 2012 exceeds KRW 1.2 billion, which is the criteria for registration, but only the Plaintiff Company did not submit explanatory materials on time due to its operation.
3 even if technical ability and capital owned by the Plaintiff fall short of the standards for construction business registration.
Even if the Plaintiff did not meet the registration standards prior to the instant disposition, the instant disposition ordering the suspension of business for five months without reducing the period of business suspension is excessively harsh to the Plaintiff.