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(영문) 대전지방법원 홍성지원 2015.08.28 2015고정62
전기공사업법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. No electrical construction business operator shall obtain a subcontract for electrical construction from another construction business operator;

On January 20, 2012, the Defendant entered into a contract to re-subcontract the construction cost of KRW 47,300,000 with the Vice-President E of the Dispute Resolution Co., Ltd and the Dispute Resolution Co., Ltd., and concluded a contract to re-subcontract the construction cost of KRW 47,30,00, and received the re-subcontract from the Dispute Resolution Co.

2. Article 2 Subparag. 1 of the former Electrical Construction Business Act (amended by Act No. 11998, Mar. 23, 2013) provides that “Electric construction” refers to the following:

electrical facilities under Article 2 subparagraph 16 of the Electric Utility Act;

(b)electric mooring equipment to use electric power at places using power;

C. Article 2 subparag. 16 of the Electric Utility Act provides that "construction works for installing, maintaining and repairing any of the facilities, etc. specified in the former Enforcement Decree of the Electrical Construction Business Act and works appurtenant thereto, which are prescribed by Presidential Decree." In full view of the above provisions, it is reasonable to see that the construction works refer to construction works for facilities related to the production, supply, and use of electricity or for signal signs, etc. by electricity. Meanwhile, Article 2 of the former Enforcement Decree of the Electrical Construction Business Act (amended by Presidential Decree No. 2442, Mar. 23, 2013) includes one of the electrical construction works under Article 2 subparag. 1 of the former Enforcement Decree of the Electrical Construction Business Act (amended by Presidential Decree No. 2442, Mar. 23, 2013), the type of the relevant electrical construction works [Attachment Table 1], and [Attachment 1] includes industrial facilities in the same manner as “electric facilities”.

Electric installations construction, etc. and electric installations for the process management of industrial facilities.

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