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(영문) 서울중앙지방법원 2015.09.10 2015고합638

건축사법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Basic Facts] A certified architect may act as an agent for a field investigation, inspection, confirmation, etc. of an individual building for which an application for approval of use has been filed with the authority delegated by the competent Gu office under the Building Act and the Certified Architects Act, etc.

(One Special Inspector(hereinafter referred to as the "Special Inspector"). In the case of Seoul Metropolitan City, if the owner of a specific building or the supervisor (design architect or assistant architect) files an application for approval for use with the competent Gu office, the competent Gu office shall request the Seoul Metropolitan Government Association of Certified Architects to designate the special inspector, and the building society shall designate a special inspector from a pool of certified architect in the name of approximately 460 persons who are qualified as the special inspector after undergoing a requirement examination, etc.

In the event that an on-site investigation conducted conducted by the special prosecutor, after inspecting the design drawing, construction status, etc. of the relevant building, and the matters that have not been constructed as a design drawing have not been completed, the special inspector prepared a report on the approval for use and inspection of the relevant building without any violation, and submitted it to the competent Gu office’s construction. The competent Gu office shall implement administrative sanctions against the relevant supervisor, such as corrective orders, imposition of enforcement fines, or suspension of business, with respect to the relevant building.

[Specific criminal facts] The defendant is an architect who runs a D office.

On May 10, 2012, the Defendant requested the Special Prosecutor F after the field investigation to change the construction differently from the design at the new building where the Defendant was in charge of supervision and applied for approval of use.

The Defendant: (a) accepted the request of the Defendant by the special prosecutor F; and (b) prepared the protocol of inspection and submitted it to the competent Gangseo-gu Office; and (c) on the same day, the Defendant pointed out on the vehicle of the Defendant around Gangseo

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