The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and by a fine of five million won.

1. Progress of litigation;

A. The lower court convicted Defendants A of all the facts charged of violation of the Framework Act on the Construction Industry due to the instant occupational embezzlement, subcontracting to a person without registration, and a blanket subcontracting, based on the evidence of the trial, and ordered Defendant A to a suspended sentence of 10 months and a fine of 5 million won to Defendant B Co., Ltd. (hereinafter “B”), respectively.

B. In response, the Defendants filed an appeal and asserted the same purport as the summary of the grounds for appeal under Paragraph 2 below in the first instance prior to remand. However, the court prior to remanding the case: (i) even though they have been well aware that the Defendant A, as a representative director, was to enter into a blanket subcontract agreement with the “I&D” corporation, a non-registered company without a license for the construction business, (hereinafter “J”); and (ii) Defendant B neglected to exercise due diligence and supervision over the pertinent business in order to prevent such violation.

In view of the facts charged, the lower court’s judgment that convicted all of the instant facts charged was maintained as it is.

(c)

In other words, the defendants filed an appeal against the violation of the Framework Act on the Construction Industry due to subcontracting to a unregistered constructor. The Supreme Court rejected all appeals by the defendants on the grounds that the defendants' grounds for appeal are groundless. However, with respect to the violation of the Framework Act on the Construction Industry due to a blanket subcontract, there is an error of law by misunderstanding the legal principles on the total subcontract restriction

As a result of reversal, all of the remaining crimes on which one sentence was imposed together with this part were reversed and remanded.

2. Summary of grounds for appeal;

A. As to Defendant A1’s employee mistake (as to the violation of the Framework Act on Construction Industry), as to J and the instant construction work.