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(영문) 대법원 2015.12.10 2014도13062
국가기술자격법위반
Text

The judgment below

The non-guilty portion is reversed, and this part of the case is remanded to the Daegu High Court.

Reasons

The grounds of appeal are examined.

1. The National Technical Qualifications Act aims to develop the vocational ability of technical human resources by efficiently operating the national technical qualification system and to contribute to the improvement of the social status of technical human resources and national economic development. To achieve this objective, the State’s duty is to effectively reflect the job performance abilities, etc. required at industrial sites in the national technical qualification system and to establish policies necessary for linking the national technical qualification system with employment, etc. In determining the State’s duty, the State and local governments shall give preferential treatment to the holders of the national technical qualification in the field of a job in question, while granting the State and local governments the license, authorization, registration, license, or other benefits, and shall not lend or lend the national technical qualification certificate to other persons under Article 15-2(2).

In light of the legislative purpose, contents, and purport of the National Technical Qualifications Act, in a case where an individual statute regulating the business related to the field of national technical qualification provides that a certain technical manpower who has acquired the relevant national technical qualification must be equipped with the necessary criteria for business license, authorization, registration, or license, or where a business operator provides that a technical personnel who has acquired the relevant national technical qualification must be appointed, appointed, or employed under the essential premise for the maintenance and management of industrial safety, operation of facilities, prevention of disasters, etc., without performing his/her duties according to the relevant national technical qualification, the national technical qualification holder shall lend his/her national technical qualification certificate to another person

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