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(영문) 춘천지방법원 2019.02.12 2018구합51490
등록취소처분취소
Text

1. The revocation of registration of the elevator maintenance business rendered by the Defendant to the Plaintiff on March 5, 2018 shall be revoked on April 1, 2018.

2...

Reasons

Details of the disposition

On February 9, 1998, the plaintiff is a company that engages in the manufacturing of elevators, etc. as its main business, and registered the elevator maintenance business (registration number B) to the defendant pursuant to Article 11 (1) of the Elevator Facilities Safety Management Act (hereinafter referred to as the "elevator Act").

In addition to the defendant, the plaintiff registered the elevator maintenance business in eight Cities/Dos.

The Board of Audit and Inspection reported the result of the audit that "the three companies (such as the plaintiff, etc.) who entered into a service contract for elevator maintenance with the C&S in violation of Article 11-5 of the Elevator Act subcontracted the work of self-inspection during the maintenance work to a third party without the written consent of the C&S, and the C&S failed to properly manage the performance of elevator maintenance service."

The Board of Audit and Inspection notified the president of the CK that "the companies that violated the provisions of Article 11-5 of the Elevator Act shall notify the relevant Mayor/Do Governor of the subcontracting of elevator maintenance work in accordance with the provisions of Articles 12 (1) and 26 of the Elevator Act and Article 39 (2) of the Act on the Management of Public Institutions and have the relevant Mayor/Do Governor take administrative sanctions such as cancellation of registration, and prepare appropriate sanctions such as restrictions on participation in bidding and accusation."

On January 4, 2018, the Minister of Public Administration and Security notified the relevant Mayor/Do Governor, including the defendant, of the cancellation of registration under Article 12 of the Elevator Act according to the audit results by the relevant City/Do.

On January 18, 2018, the Defendant issued a hearing on February 5, 2018 on the following grounds to the Plaintiff: (a) in violation of the provision on restriction of subcontracting for elevator maintenance business; (b) violation of the provision on restriction of subcontracting for third-party houses (period: period from January 1, 2014 to December 31, 2017); and (c) violation of Article 11-5 of the Elevator Act as a result of a specific audit conducted by the illegal subcontracting Board; (d) in violation of Article 11-5 of the Elevator Act, the managing body of the elevator maintenance business.

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