The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A The above fine shall be imposed.

1. In full view of the evidence submitted by the Prosecutor’s summary of the grounds for appeal, even though the Defendants could sufficiently recognize the fact of re-subcontracting facilities construction to G, the lower court erred by misapprehending the legal doctrine on contract or by misapprehending the facts charged, thereby acquitted the Defendants of the instant charges.

2. The prosecutor makes ex officio judgments (revision of indictment) as stated in the following Paragraph (3). Of the applicable provisions of Article 96 subparag. 4, Article 25(2), and Article 29(1) of the Framework Act on the Construction Industry for Defendant A, “Article 96 subparag. 5, and Article 29(1) and (4) of the former Framework Act on the Construction Industry (amended by Act No. 10719, May 24, 201; hereinafter “former Framework Act on the Construction Industry”) are “Article 96 subparag. 5, and Article 29(1) and (4) of the former Framework Act on the Construction Industry,” and “Article 98(2), Article 96 subparag. 4, Article 25(2), and Article 29(1) of the Framework Act on the Construction Industry for Defendant B Company (hereinafter “Defendant Company”) were amended, and thus, the court was no longer subject to the permission of the court.”

However, despite such reasons for ex officio destruction, the prosecutor's assertion of mistake or misapprehension of legal principles is still subject to the judgment of this court.

3. The summary of the revised facts charged is that the Defendant Company is a legal entity that performs construction works under a subcontract with the E Connecting Construction Corporation (hereinafter “Tlim Construction”) (hereinafter “Tlim Construction”). Defendant A is an employee of the Defendant Company as the field manager of the instant construction.

Defendant

A No constructor shall subcontract all or part of his contracted construction work to another constructor.