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(영문) 창원지방법원 2019.09.05 2019노1038
건설산업기본법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have been entrusted to a constructor who has completed registration of most specialized construction works, such as construction of reinforced floors, in the form of subcontracting, and the scale of the construction works directly performed by the Defendant is approximately KRW 3,500,000, and the heating Corporation requested a business entity that has completed registration of specialized construction works, and the Defendant did not violate Article 9(1) of the Framework Act on the Construction Industry, as stated in

Nevertheless, the court below convicted the charged facts of this case. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 4,00,000) is too unreasonable.

2. Determination

A. Article 9(1) main text of the Framework Act on the Construction Industry provides that “any person who intends to conduct construction business shall file for registration with the Minister of Land, Infrastructure and Transport according to the type of business prescribed by Presidential Decree.” Article 96 Subparag. 1 of the same Act provides that “any person who conducts construction business without registration or with registration made under Article 9(1) by improper means.” In light of the legislative purpose of the Framework Act on the Construction Industry to promote the proper execution of construction work and the sound development of the construction industry and the purport of the registration system for construction business to protect the lives and property of the people by preventing defective construction by a person without registration.” In light of the legislative purpose of the Framework Act on the Construction Industry and the purport of the registration system to protect the lives and property of the people, construction “construction” can be construed as

Therefore, the term “construction business” is interpreted as “a business that performs all acts performed in order to complete construction works under direct or contractual design.” Thus, it is so long as it is interpreted as “a business.”

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