The defendant shall be innocent.

1. The Defendant is the representative of the facts charged, who works as the head of the Center B.

Electrical construction shall be ordered separately from other types of construction work.

Nevertheless, on September 13, 2018, the Defendant ordered the interior works and electrical construction works of the Daegu North-gu building C, which is the place of business of the said self-support center, to D with the total construction cost of KRW 18.3 million.

2. Determination A.

Article 43 subparag. 4 of the Electrical Construction Business Act provides that "a person who does not place an order for electrical construction works separately from other types of construction works in violation of Article 11 (1)" shall be punished, and Article 11 (1) shall be ordered separately from other types of construction works: Provided, That the foregoing shall not apply where any special ground prescribed by Presidential Decree exists.

In addition, Article 8(1)1 of the Enforcement Decree of the Electrical Construction Business Act provides that "a case falling under the proviso to Article 11(1) of the Electrical Construction Business Act shall be one of the cases where it is impossible to place an order separately due to

B. According to the evidence submitted by the prosecutor, the fact that the Defendant did not place an order for the electrical construction (hereinafter “instant electrical construction”) separately from other types of construction works is acknowledged in the course of ordering construction as stated in the facts charged.

However, from 2003 to 2003, the Ministry of Trade, Industry and Energy (former Ministry of Commerce, Industry and Energy) (the Ministry of Trade, Industry and Energy), which is the department in charge of the electricity construction business, lists (except electrical construction ordered by the State or a local government) electrical construction works with a voltage of not more than 600 volts and with a capacity of not more than 10 kilowatt (excluding electrical construction ordered by the State or a local government), and such authoritative interpretation by the competent department should be respected unless there are special circumstances.

However, according to the evidence submitted by the Defendant, the instant electrical construction is “electric voltage 220 V/380 V, and three kilowatt of electric facilities capacity.”