beta
(영문) 인천지방법원 부천지원 2016.09.23 2016고정940

건설산업기본법위반

Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No defendant A contractor shall subcontract part of his contracted construction works to a constructor corresponding to the same type of business;

Provided, That this shall not apply where the ordering person gives his/her consent in writing as he/she deems it necessary to improve the quality of construction or the efficiency of a work.

On August 28, 2012, the Defendant entered into a contract for construction work with C and D elevators ordered by the “Korea Land and Housing Corporation” as the representative of the Defendant Company B. However, without the written consent of the contractor, the Defendant subcontracted to the “contractor(s) who falls under the same type of business as the same type of business on October 18, 2012, thereby violating the restriction on subcontracting construction works.

2. Defendant B, as a juristic person, committed a violation of the provision on the restriction on subcontracting of construction works as set forth in the above Paragraph A with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notice of accusation, request for administrative disposition by an enterprise violating the Framework Act on the Construction Industry, and subcontract violations;

1. Application of Acts and subordinate statutes to a copy of a contract or a copy of goods contract;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry and Article 29 (2) of the same Act, Defendant A who selects a fine: Article 98 (2), Article 96 subparagraph 4 of the Framework Act on the Construction Industry, and Article 29 (2) of the same Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act