In order to be employed as the Director of the On-Site, the Defendant merely lent a certificate of architectural engineer to B, did not lend the certificate to C (hereinafter referred to as “C”), and did not gain any profit after the certificate of qualification was issued.

The sentence of the lower court on unreasonable sentencing (fine 1.5 million won) is too unreasonable.

Judgment

The relevant legal principles on determination of misconception of facts or misapprehension of legal principles stipulate that the National Technical Qualifications Act aims to develop the vocational ability of technical manpower by efficiently operating the national technical qualification system and to contribute to the improvement of the social status of technical manpower and the national economic development. To achieve this objective, the State’s duty is to effectively reflect the job performance abilities, etc. required in the industrial field in the national technical qualification system and to establish policies necessary for linking the national technical qualification system with employment, etc., and that the State and local governments shall give preferential treatment to the holders of the national technical qualification in the field of the national technical qualification in cases where the State and local governments grant permission, authorization, registration, license, or other benefits for the business of the field of national technical qualification. Meanwhile, Article 15(2) provides that the national technical qualification certificate shall not

In light of the legislative purpose, contents, and purport of the National Technical Qualifications Act, individual statutes regulating businesses relating to the field of national technical qualification provide that certain technical personnel who have acquired the relevant national technical qualification must be equipped with the necessary standards for permission, authorization, registration, or license of such business, or require the business operator to maintain and manage the safety of industrial sites.