The judgment below

Among the parts pertaining to Defendant C and D Co., Ltd., this part of the case is reversed.

The grounds of appeal are examined.

1. As to the facts charged, Defendant C and D Co., Ltd.: “In collusion with B, the representative of A Co., Ltd., the owner of the building, Defendant C newly built a H P P P P P P P P P P PP, without obtaining permission for change, and extending the area of 145.33 square meters for the main underground floor, 145.33 square meters, and 385 square meters for two separate floors, and Defendant D Co., Ltd., the representative of the owner of the building, committed the above violation in relation to the Defendant’s business,” the lower court affirmed the first instance judgment convicting the Defendants of this part of the facts charged, on the ground that, insofar as Defendant C conspired with B, the owner of the building, and Defendant C Co., Ltd., the owner of the building, even though not the owner of the building, the application of the main text

However, this decision of the court below is not acceptable for the following reasons.

Article 2(1)12 of the former Building Act (amended by Act No. 10892, Jul. 21, 2011; hereinafter the same shall apply) defines each contractor as "a person who executes construction works on his/her own by ordering construction works on the construction, substantial repair, or alteration of the use of a building, installation of building equipment, or construction of a structure, or by assigning a field manager"; Article 2(1)16 of the same Act defines each contractor as "a person who performs construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry"; Article 16(1) of the same Act defines each contractor as "a person who performs construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry"; and Article 16(1) of the same Act defines each contractor as "the owner and the contractor shall obtain permission from the permitting authority or report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu before changing each permitted or reported matter pursuant to Article 11 or 14."