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(영문) 광주지방법원 2018.07.05 2017고단3964
건설산업기본법위반등
Text

Defendant

A Imprisonment for six months, for defendant corporation B, for a fine of seven million won, and for defendant C, for eight months, respectively.

Reasons

Punishment of the crime

1. Defendant A is a person running an information and communications construction business B Co., Ltd. (hereinafter “B”) and an information and communications construction business E Co., Ltd. (hereinafter “E”) in Gwangju Northern-gu.

(a) No constructor who subcontracts en bloc for a “F construction work” shall subcontract all of the contracted construction works, or most of the key parts prescribed by Presidential Decree to another constructor.

However, on July 9, 2013, the Defendant subcontracted to H Co., Ltd. (hereinafter “H”) actually operated the entire “F Corporation (work price of KRW 726,653,00)” (hereinafter “F”) that he received from B from B in B office, to KRW 537,723,220, the original cost of construction.

B. A contractor who subcontracts the “I Corporation” collectively is prohibited from subcontracting the entire contracted construction works or most of the key parts prescribed by Presidential Decree to another constructor.

However, on June 26, 2014, the Defendant subcontracted the “I Corporation (work price of KRW 724,642,00)” to the J Co., Ltd. for KRW 513,70,000, which is the original construction cost of KRW 74%.

(c)

The contractor specializing in the construction of a package of subcontracting construction shall not subcontract more than 50/100 of the contracted construction work to other construction business operators.

However, in July 2014, the Defendant subcontracted 47,300,000 won of the original construction cost to L Co., Ltd., for the entire “K Corporation (construction cost of KRW 85,802,00)” received from E office from E office, and had E perform the said construction work.

2. Defendant B, a representative director, committed a violation of the Framework Act on the Construction Industry, such as Paragraph A and Paragraph B, with respect to his business.

3. From May 2, 2011 to February 16, 2014, Defendant C served as the division manager of M& division, which is the supervisory department of F Corporation’s “F Corporation” as stated in paragraph 1(a) of the Dong-si Office’s Administration from May 2 to February 16, 2014.

The defendant.

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