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(영문) 부산지방법원 2017.08.10 2016고정3938
전기공사업법위반
Text

The defendant shall be innocent.

Reasons

Some of the facts charged in the instant case were corrected.

Any person shall place an order for electrical construction separately from other types of construction works.

Nevertheless, on June 13, 2013, the Defendant, as the president of Busan Jin-gu C children's house, ordered F to perform the alteration of the location of electric pressure and electric measuring instruments of the E Child Care Center, while performing the installation work of the E Child Care Center.

Judgment

According to the evidence submitted by the prosecutor, the following facts are recognized:

① Around June 13, 2013, the Defendant, the president of the public children’s house as indicated in the facts charged, gave a contract to F, who did not register electrical construction business for construction costs of KRW 2,277,000, with the volume of electricity used (supply method 220V) at the above childcare center increased to 10kmW.

② F subcontracted the construction work that increases the volume of the above electricity used to G with the construction cost of KRW 1,050,000, and directly executed the construction work that changes the location of the remaining electric measuring instruments or the entire distribution.

However, the above facts and other evidence submitted by the prosecutor alone ordered the defendant to work different from that of electrical construction.

In addition, even if the defendant's order is affirmed, each construction ordered by the defendant constitutes "where it is impossible to separately place an order due to the nature of the construction" as an exception to the separate order for electrical construction. Thus, the defendant's violation of the rules on the separate order for electrical construction.

shall not be deemed to exist.

The reasons are as follows.

(1) Article 11 (1) of the Electric Construction Business Act shall be ordered separately from other types of construction works.

Provided, That this shall not apply where any special ground prescribed by Presidential Decree exists.

Article 8 of the Enforcement Decree of the Electrical Construction Business Act provides that "The above special grounds shall be separated from the nature of the construction in each subparagraph.

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