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(영문) 부산지방법원 2015.06.25 2014고단10364

건설산업기본법위반

Text

1. Defendants A, B, C, and D are punished by a fine of KRW 3 million.

Defendant

A and C above.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, a corporation established for the purpose of building construction business, etc. in the Geum-gu Busan Metropolitan Government K.

Defendant

C is an actual operator of Defendant D Co., Ltd, established for the purpose of civil engineering work, etc. from 101 L building in Busan Metropolitan Government.

Defendant

E is a representative of M for the purpose of internal and external construction business, etc.

Defendant

F is a public official of Grade 7 belonging to the N of the Busan Ca-gu Office and a person in charge of the O affairs of the Busan Ca-gu Office.

1. A constructor shall not subcontract the whole or most of the parts of his contracted construction works to another constructor, and a contractor shall subcontract to a constructor who has registered the type of business corresponding to the contents of his contracted construction works;

Nevertheless, around November 14, 2013, the Defendant entered into a contract with D Co., Ltd. that did not register the “PP Corporation” of the Busan office of the said D Co., Ltd. for all of the “PP Corporation” of the Busan office, and around that time, had D Co., Ltd. carry out construction work.

Accordingly, the Defendant subcontracted all of the contracted construction work to another constructor, and subcontracted it to a constructor who did not register the type of business corresponding to the construction work.

2. Defendant B Co., Ltd. committed the above act of violation at the same date, time, and place as the above 1.

3. A defendant C contractor shall subcontract his/her subcontracted construction work to a constructor who has registered the type of business corresponding to the details of construction work, and a subcontractor shall not further subcontract his/her subcontracted construction work to any third person;

Nevertheless, around January 2014, the Defendant entered into a contract with M who did not register the construction business with respect to steel works among the above "P Corporation", which was subcontracted in the office of the said D Co., Ltd. as referred to in the above Paragraph 1, and had the said M perform the construction work around that time.

This is the defendant.