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The defendant shall be innocent.
Reasons
1. The gist of the facts charged is that the prosecutor prosecuted the facts charged in this case under Article 97 subparag. 2 and Article 40 subparag. 1 of the Framework Act on the Construction Industry, which is the provision applicable to the Act, but it is obvious that it is a clerical error in Article 97 subparag. 4 and Article 40 subparag. 1 of the Framework Act on the Construction Industry.
The defendant is a person who operates Corporation D in Jeonyang-gun, Namyang-gun, and the constructor shall assign at least one person who is a Grade-II or higher-ranking technician in the relevant field of work or a person who has been assigned to a construction site of the same kind as the relevant project and has engaged in construction management for at least three years, for the execution management of construction works and other technical management purposes.
Nevertheless, on December 26, 2012, the Defendant entered into a contract for the “E Corporation” with approximately KRW 1.1 billion in the cost of the construction project with the Southern-do and the estimated construction cost (hereinafter “E”) and placed at the site of G, who had no experience in the same type of construction work as this case, as the first technical technician in the field of civil engineering, from December 31, 2012 to August 31, 2013, at a construction site located in the south Gun F of the Republic of Korea, from December 31, 2012 to August 31, 2013.
2. At the time of the instant case, G was a first-class technician in the field of civil engineering, who had been an agent at the instant construction site, for more than three years, in the same field of work as the said construction site, and thus, the Defendant’s assignment of G as a construction technician at the said construction site does not constitute a violation of the Framework Act on the Construction Industry.
3. Determination
(a) Article 40 (Placement of Construction Engineers) (1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014; hereinafter the same shall apply) (1) A constructor shall assign at least one construction technician to a construction site, as prescribed by Presidential Decree, for the execution management of construction works and other technical management;
Article 97 (Penalty Provisions) Any person who falls under any of the following subparagraphs shall be one year: