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(영문) 청주지방법원 충주지원 2014.10.15 2014고정133
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of manufacturing and installing steel structures in Chungcheong-gun C, and Defendant A is the representative of the above Defendant B.

1. Defendant A’s subcontractor is prohibited from re-subcontracting any subcontracted construction works to any other person: Provided, That where the ordering person acknowledges that it is necessary to enhance the quality of construction works or the efficiency of execution and consented in writing, the subcontractor may re-subcontract construction works constituting specialized construction works among subcontracted construction works to any constructor who has registered the business type of performing the relevant specialized construction works, but the Defendant, around May 3, 2013, re-subcontracts part of “D construction works” subcontracted from the promotion company, which is the principal contractor, in the above company’s office, to E without the requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as written consent of the ordering person.

2. Defendant B, a representative of the Defendant, committed the above violation in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Application of the Acts and subordinate statutes to a copy of the standard subcontract agreement for construction works and a copy of business registration certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 96 Subparag. 4 and Article 29(3) of the Framework Act on the Construction Industry; Selection of fines

B. Defendant B: Articles 98(2), 96 subparag. 4, and 29(3) of the Framework Act on the Construction Industry; selection of fines

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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