The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is that the defendant received an order for electrical construction from E (F company) and conducted assembly and distribution work of the electrical board included in the machinery equipment. However, the electrical construction part was subcontracted to H and did not directly perform electrical construction work, so the defendant's act does not constitute electrical construction under the Electric Construction Act.

2. According to each evidence duly adopted and examined by the court below, the defendant was found to have received an order for electrical construction from F F to have conducted assembly and distribution of the Electric Power Team as a business upon receiving an order from F. The defendant's above act constitutes electrical construction under the Electrical Construction Act. We examine whether it constitutes electrical construction under the Electrical Construction Act.

Article 2 subparag. 2 of the Electrical Construction Business Act provides that "construction business" means doing electrical construction business, regardless of the name of a contract or any other title, regardless of whether it is a contract for work," and Article 2 subparag. 1 of the Electrical Construction Business Act provides that "electric construction" shall be as follows:

(b) The work of installing, maintaining and repairing any of the electric mooring facilities, etc. to use electricity at a place using electricity, and other work incidental thereto, which are prescribed by Presidential Decree;

Article 2 of the Enforcement Decree of the Electrical Construction Business Act lists electrical construction works under Article 2 subparagraph 1 of the same Act as power generation, transmission, transformation, and power distribution installation works, and sets forth the type of such electrical construction as attached Table 1, and sets forth an example according to the type of electrical construction in attached Table 1. The attached Table 1 sets out installation works for electrical machinery, apparatus, power distribution team, power transformation machine, etc. in the same manner as “construction works for the installation of electrical equipment.”

In addition, Article 2, subparagraph 16 of the Electric Utility Act provides that "electric facilities" shall be installed for power generation, transmission, transformation, distribution, or use of electricity, such as machinery.