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(영문) 인천지방법원 부천지원 2020.02.19 2019고정180
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

Defendant B and C Co., Ltd. run by A are the joint contractors of “G Urban Residential Housing and H Long-Term Rental Housing Construction Project” (hereinafter “the instant construction project”) ordered by the FF Corporation conducted in Guro-gu Seoul Metropolitan Government D and E.

A person who intends to run a construction business shall file for registration by type of business, and a contractor shall subcontract his/her business to a registered constructor who has registered the type of business corresponding to the details of construction.

1. On February 23, 2017, the Defendant concluded a subcontract agreement (name of reinforced concrete construction works, construction period: from February 23, 2017 to November 30, 2017; hereinafter “instant subcontract agreement”) on reinforced concrete construction works among the instant construction works at the office of the B Co., Ltd. located in Kimpo-si, Kimpo-si, and the J Co., Ltd., which did not register the business of dismantling structures and structures, and made the J Co., Ltd. install and dismantle (hereinafter “instant non-construction”) a non-installation at the same construction site from September 29, 2017.

2. A, the representative of Defendant B Co., Ltd., committed the above violation in relation to the Defendant’s business at the date and place specified in Paragraph 1.

Summary of Evidence

1. The defendant A's partial statement

1. Written accusation of the president of the F Corporation, a request for disposition (notification) as a result of a subcontract audit for construction works in 2017 by the Mayor of Seoul Special Metropolitan City, safety audit officer-6094, notification of the results of the request for reexamination, audit officer-1360

1. Police investigation reports (wholly verified matters to be registered) and accompanying materials, investigation reports (person in charge of accusation and telephone communications with persons in charge of telephone communications);

1. Standard subcontract agreement for construction works, audit results and output materials of Seoul Metropolitan Government, and judgment of the Seoul Administrative Court 2018Guhap829;

1. Application of the Acts and subordinate statutes on the site of construction works;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 96 Subparag. 4, Article 25(2), and Article 16 of the Framework Act on the Construction Industry; Selection of fines

B. Defendant B: Articles 98(2) and 96 of the Framework Act on the Construction Industry.

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