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Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
Reasons
1. A person who intends to run a construction business on charges shall register his/her construction business with the Minister of Land, Infrastructure and Transport by industry;
1. Defendant B did not register his construction business, and carried on construction business by doing stone construction work equivalent to KRW 34,970,000 of the construction cost requested by Kimhae-si C, D, E, and F from April 10, 201 to May 1, 2017.
2. The Defendants’ co-offendered Defendants did not register construction business, and carried on construction business without any construction business from July 2018 to August 2018, by doing 43,081,90 won of the construction cost requested by the F during the period from July 1, 2018 to Kim Sea C, D, E, and F.
2. Determination
A. The Defendants asserted that the Defendants, as the owner of the instant land, directly carried out tin-building and tin-to-land repair works as the owner of the instant land, and the Defendants merely carried out tin-to-land construction and repair works according to F’s instructions after receiving equipment rental fees and daily allowances.
B. (1) Determination (1) The Framework Act on the Construction Industry provides that “A person who intends to conduct construction business shall file for registration with the Minister of Land, Infrastructure and Transport according to the type of business prescribed by Presidential Decree” (Article 9(1)), and that “construction business” means “business engaged in construction business” (Article 2 Subparag. 2), and “construction business” may be interpreted as “business engaged in conducting construction business”.
In light of the legislative purpose of the Framework Act on the Construction Industry to promote the proper execution of construction works and the sound development of the construction industry and the purport of the registration system of construction business to protect the lives and property of the people by preventing defective construction by unregistered business operators, the term "construction" can be interpreted as "all acts performed directly or by contract to complete construction works according to design."