[건축사법위반][집34(1)형,412;공1986.4.15.(774),586]
Whether an architect's conduct of business outside the registered place constitutes a duty of unregistered registration.
In light of relevant Acts and subordinate statutes, such as the Certified Architects Act, without any provision prohibiting the act of certified architect business in addition to the location of the registered architect office, the Minister of Construction and Transportation’s authority concerning registration shall be the City Mayor. The fact that the Minister of Construction and Transportation has delegated the authority to the Do Governor or has thoroughly supervised the lending of a license, etc., shall not be deemed to constitute a non-registration business by a person who has registered the architect office in
Articles 25 and 39 of the Certified Architects Act
Defendant
Prosecutor
Cheongju District Court Decision 85No109 delivered on November 22, 1985
The appeal is dismissed.
We examine the grounds of appeal.
In light of the records, the court below's decision that the defendant closed the office of a certified architect in the name of the wooden Building Research Institute in the Gangnam-gu Seoul Metropolitan Government, and prepared a design drawing at the Seoul Office at the preparation stage of opening a new office in the jurisdiction of Chungcheongbuk-do is merely an act of receiving orders for the business activities of the Seoul Office and it does not constitute an act of a certified architect's business without registration as prescribed by the Certified Architects Act, is just and there is no error of law of misunderstanding the legal principles of the Certified Architects Act.
In light of relevant Acts and subordinate statutes, such as the Certified Architects Act, in which there is no provision prohibiting the act of certified architect business in addition to the location of the registered architect office, the Minister of Construction and Transportation’s authority concerning registration is delegated to the Mayor/Do Governor, or thoroughly supervising the lending of a license, etc., only on the sole basis of the facts charged by the defendant who registered the architect office in Seoul Special Metropolitan City cannot be deemed to constitute a
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Chang-chul (Presiding Justice)