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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport.

Nevertheless, the Defendant, without registering a specialized construction business on September 24, 2019, subcontracted to KRW 137,500,000 of the construction cost, a joint construction project among “C Construction Works” from Company B without registering a specialized construction business.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Technical review opinion, execution contract, and written estimate; and

1. Judgment on the Defendant’s assertion of business registration certificate

1. The Defendant asserts that he was unaware of the circumstances that the constructor who registered a specialized construction business with respect to subcontracted pit works ought to be executed.

2. Determination

A. Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there is a justifiable ground for misunderstanding. It does not mean simple legal sites, but generally constitute a crime, but it is a mistake that acts permitted by the Acts and subordinate statutes do not constitute a crime in his own special circumstances, and if there is a justifiable ground for misunderstanding, he shall not be punishable

(See Supreme Court Decision 94Do2148 delivered on December 22, 1995). B.

According to Article 9(1) of the Framework Act on the Construction Industry and Article 8(1)2 subparag. 1(b) of the Enforcement Decree of the same Act, construction works, the estimated amount of which exceeds 15 million won, among machinery and equipment works, shall be executed by the construction business operator who has registered the relevant specialized construction business. Since the Defendant subcontracted the above machinery and equipment works and the contract price of which is KRW 137,50 million, the construction business operator who registered the relevant specialized construction business shall execute the said construction works, and the Defendant’s above assertion merely did not know the statutory provisions, thereby hindering the establishment of crime.