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(영문) 광주지방법원 2017.08.11 2017고정595

건축법위반

Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a representative director of Limited Company B (hereinafter referred to as “B”), and Defendant B is a corporation established for the purpose of civil engineering and construction work business.

1. Defendant A

A. After reporting to the competent Mayor on July 20, 2016, the Defendant, who is engaged in the construction business, commenced construction of a neighborhood living facility with the 6th ground level above the ground level (hereinafter “instant building”) in Naju City D (hereinafter “instant construction site”).

In order to construct the instant building on or around October 18, 2016, the Defendant is obliged to perform excavation works using CIP methods in order to prevent the outflow of groundwater in the wall where the above ground water is high, and to prevent the occurrence of risks caused by the outflow of groundwater by conducting a drouting construction works, etc. on the surface of the earth to prevent the outflow of groundwater in the wall where the above ground water is high.

Nevertheless, the defendant did not take proper measures to prevent the occurrence of danger, such as the reduction of construction work without implementing the laging construction work, etc.

B. On October 20, 2016, the Defendant continued the construction from the same day to the 24th day of the same month even though the Defendant requested the construction supervisor to suspend the construction on the ground that groundwater flows into the construction site floor due to insufficient risk prevention measures and groundwater flows out on the construction site floor.

2. Defendant B, at the above temporary location, violated A, who is the representative director of the defendant, in relation to the defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Some statements made to the defendant A concerning the suspect interrogation protocol by the prosecution;

1. Each statement made by the police in relation to F, G, and H;

1. Written statements prepared by the I and J;

1. A construction permit, a report on commencement of construction, and a report on the review of the stability of a building surrounding CIP works, a work newsletter (Chapter 17), a corrective order for the suspension of construction of an illegal building, a reply, and a reply;