If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

The defendant is a certified architect who is a building owner in Gwangju Mine-gu D.

Where a project owner constructs a building for the use, size and structure prescribed by Presidential Decree, he/she shall designate an architect or a person prescribed by Presidential Decree as a project supervisor to conduct construction supervision.

In such cases, when an architect has been designated as a project supervisor with respect to the supervision of construction works, the contractor himself/herself shall not be designated as a project supervisor.

Nevertheless, on February 23, 2009, the Defendant commenced the new construction of a building located in Gwangju Mine-gu D and appointed the Defendant himself as the contractor as the project supervisor in the completion of the construction completion (approval) on January 29, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a building ledger), and a copy of a general building ledger;

1. Relevant Article 110 subparagraph 4 (b) of the Building Act and the latter part of Article 25 (1) of the same Act concerning the selection of criminal facts;

1. Determination as to whether the statute of limitations under Articles 70(1) and 69(2) of the Criminal Act has expired

1. Violation of the Building Act as to the gist of the assertion constitutes an immediate crime that is completed immediately when the Defendant designated the contractor as the project supervisor. This part of the indictment was instituted after the lapse of five years from February 23, 2009, when the Defendant designated the contractor himself as the project supervisor and the construction work was commenced.

2. It is reasonable to interpret to the effect that "criminal act" under Article 252 (1) of the Criminal Procedure Act, which provides for the starting point of the statute of limitations for prosecution, includes the result of the criminal act in question

(See Supreme Court Decision 2002Do3924 delivered on September 26, 2003, etc.) Meanwhile, Article 110 Subparag. 4(b) of the Building Act provides that “the contractor himself/herself is designated as a project supervisor in violation of the latter part of Article 25(1).”