건설산업기본법위반
Defendants shall be punished by a fine of seven million won.
If the Defendants did not pay the above fine, 100,000 won.
Punishment of the crime
1. Defendant A Co., Ltd (hereinafter referred to as “C”) employs 124 full-time workers to engage in the types of business, such as Changho Construction, Building prefabricated Construction, and Iron Construction, and Defendant A is a former representative director of the C (based on career certificates) from April 2, 2012 to December 31, 2017.
On March 25, 2016, D Co., Ltd. entered into a subcontract for construction works with the condition that the total construction amount shall be 69.16 billion won and the total construction amount shall be 64.7 billion won and entered into a subcontract for construction works with the condition that construction works shall be completed by November 30, 2019.
A subcontractor shall not further subcontract any construction works he/she has subcontracted to any third person, and where a constructor who has filed for registration of the business category of performing specialized construction works has subcontracted to any third person, and where he/she further subcontracts part of any specialized construction works he/she has subcontracted to any third constructor who has filed for registration of the business category of performing the relevant specialized
Nevertheless, on November 23, 2016, the Defendant concluded a re-subcontracting contract with the representative B of I who did not register the construction business for the above pressing construction business, a specialized construction business type, with the total contract amount of KRW 4,648,658,30.
Accordingly, the Defendant subcontracted construction works in violation of the restriction on subcontracting.
2. Defendant B is the representative of Defendant I.
A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport.
Nevertheless, the Defendant entered into a subcontract contract as in the foregoing paragraph (1) without registering the construction business, and then, from February 4, 2017 to March 2, 2018, the construction project was conducted on the site of “E building construction”.
Accordingly, the Defendant carried out a unregistered construction business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Acts and subordinate statutes concerning a construction subcontract agreement, certificate of career, and full certificate of registered matters;