logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2015.11.05 2015고정569
건설산업기본법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000 and by a fine of KRW 1,500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and Defendant B is a corporation established for the purpose of construction, etc., and Defendant B is a contractor who was awarded a contract for the construction cost of slaughterhouse construction works in Gangwon-do Hongcheon-gun E from the Dawl LP Co., Ltd. on September 2, 2013.

1. Defendant A

(a) A contractor shall subcontract a type of business corresponding to the details of construction to a registered constructor;

Nevertheless, around September 6, 2013, the Defendant subcontracted the steel frame and the board construction work among the construction works of the above slaughterhouse to G Co., Ltd. (representative H) without registration in the B office located in Songpa-gu Seoul F building in Songpa-gu Seoul.

(b) A constructor shall assign at least one construction engineer to a construction site for the execution management of construction works and other technical management;

Nevertheless, the Defendant did not assign a construction engineer to the construction site of the slaughterhouse from September 2, 2013 to December 19 of the same year.

2. Defendant B, the Defendant’s employer, subcontracted the Defendant’s subcontracting to a non-registered constructor, as described in the foregoing A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made by the police officer against I and J;

1. Application of each Act and subordinate statute to request an investigation of an enterprise suspected of violating the Framework Act on the Construction Industry and a criminal investigation report (attached to materials submitted);

1. Article 96 Subparag. 4, Article 25(2) of the Framework Act on the Construction Industry (which means giving a subcontract to a non-registered constructor, selection of fines), Article 97 Subparag. 4, and the main sentence of Article 40(1) of the former Framework Act on the Construction Industry (wholly amended by Act No. 12580, May 14, 2014); Defendant B stock company: The main sentence of Article 98(2), Article 96 Subparag. 4, and Article 25(2) of the Framework Act on the Construction Industry (wholly amended by Act No. 12580, May 14, 201);

1. Defendant A from among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.

arrow