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(영문) 서울중앙지방법원 2020.12.30 2020고정2107

건설산업기본법위반

Text

1. Defendants shall be punished by a fine of KRW 8,000,000.

2. Defendant A and B do not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is an internal director of Defendant C Co., Ltd. (hereinafter referred to as “A”) who carries on construction business, etc. as a business, and Defendant B is an internal director of Defendant D Co., Ltd. (hereinafter referred to as “C”) who carries on metal door, window, exhaustr, and related product manufacturing business.

1. Defendant A

(a) A contractor for any construction works for which a non-registered constructor is prohibited from subcontracting shall subcontract the construction works to any registered constructor with the category of business corresponding to the details of the works;

Nevertheless, around March 15, 2018, the Defendant subcontracted the construction work price of KRW 1.27 billion to the project owner E-stock company and the construction work price of KRW 1.3 billion, which was received from the project owner E-stock company and received in the amount of KRW 1.27 billion and the construction work price of KRW 1.3 billion to the project owner D who did not register the construction business.

(b) A construction business operator who violates an obligation to assign construction engineers to a construction site shall assign at least one construction engineer to a construction site, as prescribed by Presidential Decree, for the execution management of construction works and other technical management;

Nevertheless, on March 15, 2018, the defendant is the owner E-stock company.

As in the same paragraph, the construction engineer was not assigned to the "F new construction works in the East Sea of Gangwon-do" and the "G new construction works" site of "F new construction works in the East Sea" and other technical management works.

2. A person who intends to conduct defendant B construction business shall register his/her construction business with the Minister of Land, Infrastructure and Transport by industry;

Nevertheless, the Defendant, without registering construction business on March 15, 2018, received a subcontract from A to “F new construction works” and “G new construction works” and carried on construction business without registration from March 2018 to September 2018.

3. The Defendant Co., Ltd. 1-A

Defendant A, whose representative, is the date and time of the port, and at the same place, shall be the defendant.