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(영문) 의정부지방법원 2018.08.23 2017고정1848
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

"2017 High 1848"

1. Defendant A is the representative director of Company B who registered specialized construction business with the construction business of metal structure.

B, around October 1, 2015, ordered “D Corporation” to pay construction cost of KRW 85,771,150.

No contractor shall subcontract part of his contracted construction works to any constructor corresponding to the same type of business, except where the ordering person has consented in writing as he deems it necessary to enhance the quality of works or the efficiency of performing his duties.

Nevertheless, on October 2015, the Defendant subcontracted part of the above construction work to E, a constructor, who falls under the same category of business, without obtaining the written consent of the above Bupyeong-gun from the person who ordered the above construction work at the early Felman's Sc. 2015.

2. Defendant B, a representative of the Defendant, committed a violation as described in paragraph (1) in relation to the Defendant’s business at the time and place described in paragraph (1).

"2018 High 410"

1. Defendant A is the representative director of Company B who registered specialized construction business with the construction business of metal structure.

B around December 14, 2016, around 115,342,000 won was awarded the “F Corporation” ordered by the Gyeonggi-do Office of Education.

No contractor shall subcontract part of his contracted construction works to any constructor corresponding to the same type of business, except where the ordering person has consented in writing as he deems it necessary to enhance the quality of works or the efficiency of performing his duties.

Nevertheless, on December 2016, the Defendant subcontracted part of the above construction to E Co., Ltd., a constructor who falls under the same type of business without obtaining the written consent of the Office of Education of Gyeonggi-do, which is the ordering authority, at the ordinary land in Franchis, and had him subcontracted it to KRW 60,380,000.

2. Defendant B, the Defendant, is the representative of the Defendant at the time and place specified in paragraph (1).

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