If the Construction Business Act is amended to punish the act of lending such name during the construction work for which the constructor lends his name to another person (negative)

An act of a constructor to demand or execute construction works by using his name or trade name to another person is not subject to punishment at the time of the enforcement of the former Construction Business Act (Act No. 3501 of Dec. 31, 1981) and becomes subject to punishment pursuant to Article 60 subparagraph 4 and Article 52 (1) subparagraph 5 of the former Construction Business Act (Act No. 3763 of Dec. 31, 1984), which was enforced from July 1, 1985. The above act of name lending is completed at the time of another person's supply of construction works or commencement of construction works by using his name or trade name, and it remains in the state of infringement of legal interest until the completion of construction works. Thus, if another person receives or executes construction works by using his name or trade name at the time of the enforcement of the former Construction Business Act, it cannot be punished pursuant to the former Construction Business Act as well as the former Construction Business Act even if the construction works continue until the enforcement of the Construction Business Act.

Articles 52 and 60 of the Construction Business Act, Article 1 of the Criminal Act

Defendant corporation

Prosecutor

Attorney Lee Sung-hoon

Busan District Court Decision 89No269 delivered on June 23, 1989

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

The act of having another person receive or execute construction works using his name or trade name by making another person receive or execute construction works, which is not subject to punishment at the time of the enforcement of the former Construction Business Act (Act No. 3501, Dec. 31, 1981) and thereafter became subject to punishment pursuant to Article 60 subparagraph 4 and Article 52 (1) subparagraph 5 of the former Construction Business Act (Act No. 3765, Dec. 31, 1984). However, the above act of lending a name is completed at the time of the receipt or commencement of construction works by using another person's name or trade name, and it remains in the state of infringement of legal interest until the completion of construction works. Accordingly, even if the construction works continue to exist until the time of the enforcement of the said Construction Business Act, it cannot be punished pursuant to the former Construction Business Act as well as the former Construction Business Act.

The judgment of the court below to the same purport is just, and there is no error of law regarding the interpretation of statutes like the theory of lawsuit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)