국가기술자격법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is as follows: (a) Defendant Company B (hereinafter “Defendant Company”) needs to employ one person with the former engineer qualification in order to maintain the registration of construction business; (b) Defendant A, the representative director of the Defendant Company, employed short-term E with the former engineer qualification, through G, and subscribed to the said four-party insurance and was paid for wages, thereby collecting labor income tax.
Although it is obvious that Defendant Company directly employed Defendant Company E, Defendant Company borrowed national technical qualification from E.
The judgment of the court below which found the Defendants guilty of all the facts charged is erroneous in the misapprehension of facts and of legal principles.
2. The Act on the Determination of National Technical Qualification provides that the purpose of this Act is to develop the vocational ability of technical human resources by efficiently operating the national technical qualification system and to contribute to the improvement of the social status of technical human resources and the national economic development. To achieve the purpose, the State’s duty is to effectively reflect the job performance abilities, etc. required in the industrial field in order to link the national technical qualification system with employment, etc., and the State and local governments provide that the State and local governments shall give preferential treatment to the holders of the national technical qualification in the field of their duties, while Article 15(2) provides that the State and local governments shall not lend or lend the national technical qualification certificate to any other person or arrange the loan.
In light of the legislative purpose, contents, and purport of the national technical qualification law, individual laws regulating businesses relating to the field of national technical qualification.