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(영문) 광주지방법원 2019.07.10 2018노3610
건설기술진흥법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was actually employed by the Defendant in B Co., Ltd. (hereinafter “B”), and did not lend his/her technical career certificate to B, the lower court erred by misapprehending that the Defendant lent his/her technical career certificate to B.

2. Determination

A. In light of the legislative purpose, content, and purport of the National Technical Qualifications Act, in a case where an individual statute regulating businesses relating to the field of national technical qualification provides that a person acquiring the relevant national technical qualification must be equipped with specific technical personnel who is essential to obtain permission, authorization, registration, or license for such business, or where an entrepreneur, etc. provides that a person who has acquired the relevant national technical qualification must be appointed, appointed, or employed without performing his/her duties according to the relevant national technical qualification under the premise that it is essential to maintain and manage industrial safety, operate facilities, and prevent accident, etc., the national technical qualification holder shall lend his/her national technical qualification certificate to another person without performing his/her duties under the relevant national technical qualification to the person who has been appointed, appointed, or employed by the said person in the same manner as he/she actually performs his/her duties under the relevant national technical qualification, if he/she did so by obtaining permission, authorization, registration, or license, or on the premise that a person who has the relevant national technical qualification is appointed, appointed, or employed, such act constitutes an act of borrowing the relevant national technical qualification under Article 26(10).

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