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(영문) 대전지방법원 서산지원 2016.08.18 2016고정119
건설산업기본법위반
Text

[Defendant A]

1. The sentence against the accused shall be 2,000,000 won;

2. The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

The defendant is the representative of A, and the defendant B is the corporation that performs steel structure construction work.

1. No defendant A contractor shall subcontract part of his contracted construction works to a constructor falling under the same category of business;

Provided, That this shall not apply where the ordering person has consented in writing as he/she deems it necessary to improve the quality of construction or the efficiency of construction.

Nevertheless, from around December 2013 to July 2015, the Defendant re-subcontracted the roof part of the above construction to a special postal company without the written consent of the military finance management division of the Ministry of National Defense on April 2014, 2014.

2. As to the Defendant B’s business, A, the representative, violated paragraph 1.

Summary of Evidence

1. Defendants’ legal statement

1. Notification to a business entity that violates the Framework Act on the Construction Industry for viewing;

1. Application of the Acts and subordinate statutes of subcontract agreement;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry and Article 29 (3) of the same Act, Defendant A who selects a fine: Article 98 (2), Article 96 subparagraph 4 of the Framework Act on the Construction Industry, and Article 29 (3) of the same Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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