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(영문) 광주지방법원 2016.01.14 2014고정2186

건설산업기본법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is currently serving as C of Korea C&S (hereinafter “Korea C&S”).

On June 17, 2014, the Defendant participated in the bidding of boiler, heat exchange aircraft customs, and appurtenant works (hereinafter “instant construction”) ordered by Gwangju Mine-gu D apartment on or around August 17, 2014, and was selected by Korea C&S as the contractor of the said construction. On August 2014, the Defendant performed the instant construction work on or around the mid-to-mid the same year.

9. Around 25.25. Payment of the construction cost equivalent to KRW 6,508,00 has been made.

Any person who intends to engage in such construction business shall register the national land with the Minister of Construction and Transportation by industry as prescribed by the Presidential Decree.

However, there was no registration of construction business that could carry out boiler customs construction.

Accordingly, the Defendant carried on construction business in the name of Korea C&S without registration of construction business.

2. Determination

(a) A person who intends to engage in construction business under the main sentence of Article 9 (1) of the Framework Act on the Construction Industry shall file for registration with the Minister of Construction and Transportation for each business type prescribed by Presidential Decree, but the proviso to the same paragraph may engage in construction business without filing for registration where he/she intends to engage in insignificant construction works prescribed by

The Act stipulates.

Therefore, Article 8 (1) of the Enforcement Decree of the Construction Industry Basic Act excludes gas installation works, steel materials installation works and steel structure works, cable railwayss, elevator installation works, and heating works from among construction works falling under the category of performing general construction works and the scope of duties in the said category of business under attached Table 1.