2. Determination

A. The provisions pertaining to the instant case are listed in the annexed sheet.

B. Although the prosecutor prosecuted the Defendant by applying Articles 43 subparag. 1 and 4(3) of the Act, the prosecutor asserts that the Defendant may be punished pursuant to Article 45 of the Act (Joint Penal Provisions) on the grounds of appeal. However, even up to the trial, the prosecutor did not request changes in the indictment to add the above provision to the trial.

The application of the above provision is "a person who conducts construction business without reporting on the registration standard of construction business under Article 4 (3) from among persons who have registered construction business pursuant to Article 4 (1)," and the defendant who is only a worker of F who conducts electrical construction business after the registration of construction business is not subject to the above provision.

C. On the other hand, with regard to whether the defendant can be punished under Article 45 (Joint Penal Provisions) of the Act, it cannot be punished under the direct penal provisions, and even in the case of punishment under the joint penal provisions, it is unlawful to apply the penal provisions immediately without applying the joint penal provisions (see, e.g., Supreme Court Decision 2008Do9476, Feb. 12, 2009). However, since the prosecutor claims the application of the joint penal provisions as the grounds for appeal, it is supplemental decision-making;

In light of the following points, the aforementioned joint penal provisions cannot be deemed as a basis provision for punishing an offender who fails to report under Article 4(3) of the Act.

1. The principle of no crime without the law is a crime and a punishment in order to protect individual freedom and rights from arbitrary exercise of state punishment.