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All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
The judgment of the court below which convicted the Defendants of the facts charged in this case, is erroneous in the misapprehension of the facts and affected the conclusion of the judgment, although the Co., Ltd. (hereinafter referred to as “C”) actually performed construction works as stated in the facts charged in the judgment of the court below (hereinafter referred to as “the construction of this case”).
Judgment
Article 21 of the Framework Act on the Construction Industry prohibits “the act of having another person execute the construction work using his name or trade name” shall be interpreted as “the act of having another person carry out the construction work with a qualified constructor with his trade name or name, and it shall be interpreted as a case where the other person consented or understood to use his trade name or trade name for the same purpose with the knowledge that the other person carries out
As such, all or most of subcontracted construction works in the name of any constructor were executed by any other person.
Even if the constructor has received a contract with the intention of actual involvement in the construction work, and has been actually involved in the construction work, it cannot be viewed as a nominal lending.
However, whether a constructor has a substantial involvement in the execution of a construction project shall be objectively determined in light of the following revealed facts: (a) details of demand and supply of construction works, whether to give or receive consideration, details of consideration and methods of giving or receiving it, (b) details of an agreement between a constructor and a contractor related to the execution, (c) whether a constructor was involved in the construction project; (d) degree and scope thereof; (e) methods of raising and managing construction funds and receipt of progress payment; and (e) methods of receipt of liability and profit and loss for the execution; and (e) details of the disposal document, such as a written agreement between the nominal lender and the actual contractor, should