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(영문) 제주지방법원 2019.05.17 2018고정286
건설산업기본법위반
Text

1. Defendant A shall be punished by a fine of three million won;

Where the above defendant fails to pay the fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a director and actual operator of Defendant B, and Defendant B is a corporation for the purpose of construction business, etc., which is a D hotel trial work in Jeju, and E is a person who performed a mold construction work among the D hotel new construction work.

1. Defendant A

A. Defendant A is a contractor awarded a contract for the construction of the said D hotel.

A contractor shall subcontract the type of business corresponding to the details of construction to a registered constructor.

Defendant

A, around March 20, 2015, entered into a "construction labor service contract and a letter of performance" with E who did not register the construction business, and subcontracted the type mold construction work (including the structural frame, steel bars, e.g., electricity, fire fighting, and telecommunication) among the aforementioned DD new hotel construction work, thereby violating the contractor's qualification restrictions.

(b) A constructor who fails to assign a construction engineer 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;

Defendant

A from the end of September 2016, Defendant B corporation did not assign a construction engineer to the construction site of the said DD new hotel construction site under contract with Defendant B corporation.

2. Defendant B Co., Ltd. is Defendant B Co., Ltd. with respect to the business of Defendant B Co., Ltd., who is the substantial representative as the inside director of Defendant B Co., Ltd.

As described in the paragraph, the contractor violated the limitation of qualification.

Summary of Evidence

1. Statement made by the representative director of Defendant B in this court;

1. Statement of suspect interrogation protocol as to E prepared by the public prosecutor;

1. Some statements made by the defendant A of the suspect examination protocol prepared by the public prosecutor;

1. Each statement made by the police officer with respect to E, F, G, and H;

1. A statement prepared in the I;

1.Each internal investigation report made by the police shall be accompanied by construction and response data at the time of proposal / construction and addition at the time of proposal.

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