The appeal is dismissed.

The grounds of appeal are examined.

1. As to Defendant A’s ground of appeal

A. The penal provisions of Articles 107(1) and 106(1) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “the Act”) stipulate that a case where construction works become defective by designing, etc. in violation of Article 23 of the Act is required. Article 23(1) of the Act provides that no architect may be allowed to engage in the design, etc. of a building subject to a building permit under Article 11(1) of the Act or a building report under Article 14(1).

The penal provisions of Article 39 subparagraph 2 of the Certified Architects Act provide that the cases of designing a building in violation of Article 4 of the Certified Architects Act shall be subject to the requirement, and Article 4 (1) of the Certified Architects Act provides that the design for the construction, etc. of a building under Article 23 (1) of the Act shall not be allowed only by a certified architect who has filed a report in accordance with Article 23 (1) or proviso to Article 23 (8) or by an architect

Therefore, only the building stipulated in Article 23(1) of the Act can be punished in accordance with Articles 107(1) and 106(1) of the Act, and each penal provision of Article 39(2) of the Certified Architects Act.

In addition, the building stipulated in Article 23 (1) of the Act means a structure settled on land with a roof and columns or walls and facilities attached thereto.

(Article 2(1)2 of the Act. Meanwhile, Article 83(1) of the Act provides that "any person who intends to construct a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, and other similar structures prescribed by Presidential Decree, shall file a report thereon with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree." Article 118(1) of the Enforcement Decree of the Building Act provides that "to construct a structure separately from a building constructed pursuant to Article 83(1) of the Act."