beta
(영문) 서울중앙지방법원 2017.10.18 2017고정2456

건설산업기본법위반

Text

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative director of Company B who registered construction business as a type of business undertaking specialized construction work for metal structure and construction work, and Company B, around July 2, 2015, ordered the “D Replacement Construction Work” to be paid by the principal of C Women’s Middle School at KRW 20,619,000 for the construction cost.

No contractor shall subcontract part of his contracted construction works to any constructor corresponding to the same type of business, except where the ordering person has consented in writing as he deems it necessary to enhance the quality of works or the efficiency of performing his duties.

Nevertheless, the Defendant, in the middle of July 2015, subcontracted part of the “D Replacement Construction Work” to 11,515,000 construction cost to the in-house directors of F Co., Ltd., a constructor, who falls under the same type of business without obtaining written consent from the principal of C Women’s Republic of Korea, the ordering person, at the B Office in Seoul Special Metropolitan City, Gwanak-gu.

2. Defendant B is a corporation established for the purpose of creative construction business.

The above A, the representative director of the defendant, committed a violation as above in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of a suspect of H, Defendant A, or G;

1. Cooperation with each investigation data and the application of each investigation reporting Act and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 subparag. 4 and Article 29 subparag. 2 of the Framework Act on the Construction Industry (Selection of a punishment);

(b) Defendant B: Articles 98(2), 96 subparag. 4, and 29(2) of the Framework Act on the Construction Industry;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act