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(영문) 부산지방법원 2013.12.20 2013노2969
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (hereinafter referred to as “B”) provided that Defendant D Co., Ltd. (hereinafter referred to as “D”) contracted the “hinging construction work” (hereinafter referred to as “hinginging construction work”) among the “N ecological river development project for the first minute” from Defendant D Co., Ltd. (hereinafter referred to as “D”), and leased dredging vessels from E for the implementation of the construction work. During that process, M Co., Ltd (hereinafter referred to as “E”) operated by Co-Defendant E (hereinafter referred to as “E”) of the lower court (hereinafter referred to as “M”) decided to select and put the number of construction work together with equipment under its responsibility, and did not lend B dredging construction business license to E as shown in the facts charged in the instant case.

B. The sentence of a fine of KRW 3 million imposed by the court below on the Defendants is too unreasonable.

2. Judgment on the misapprehension of facts or misapprehension of legal principles by Defendant A and B

A. In light of the legislative purport of the former Framework Act on the Construction Industry for the purpose of promoting the proper execution of construction works and the sound development of the construction industry, or in light of the relevant provisions of the said Act, which strictly provides for the criteria for the license and registration of construction business to achieve this purpose and provides for the license and registration of construction business, and the essential core substance of which is the prohibition of engaging in construction business by a person who is not a licensed or registered constructor, “an act of having another person carry out construction works by using his/her name or trade name (hereinafter “title”)” prohibited under Article 21 of the said Act shall be construed as “an act of having another person carry out construction works by using his/her own name or trade name (hereinafter “title”)” as “an act of having another person carry out construction works with the knowledge

As such, all of the subcontracted construction works under the name of any constructor.

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