The defendant shall be innocent.

1. The Defendant is the owner of the building on the Yeonsu-gu Incheon Metropolitan City C Parcel.

On November 16, 2011, the Defendant applied for the waiver of construction works from D architect, the construction supervisor of the building above, on October 31, 2011, and thus, even though the Defendant was requested to suspend construction before receiving the report on the change of construction-related persons, the Defendant selected the F Company as a new contractor on November 2, 201, and had the construction continue on December 2, 201.

2. Determination

(a) Article 2 (Definitions) (1) of the Building Act shall be defined as follows:

12. The term "project owner" means a person who awards an order for construction works concerning the construction, substantial repair, or change of the use of a building, installation of building equipment, or fabrication of a structure (hereinafter referred to as "construction, etc. of a building") or appoints a field manager to perform such construction works for himself

16. The term "construction contractor" means a person who executes construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;

(2) If a project supervisor finds, in conducting the construction supervision, that there is a violation of this Act, any order or disposition under this Act, or other relevant Acts and subordinate statutes, or that the contractor fails to comply with design documents and specifications, he/she shall notify the project owner thereof and request the contractor to correct or reconstruct the project, and if the contractor fails to comply with the request for correction or reconstruction, he/she may request the contractor to suspend the construction works in writing.

In such cases, the contractor requested to suspend construction works shall suspend construction works immediately, except in extenuating circumstances.

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won:

5. Failing to comply with a request for correction or reconstruction issued by a project supervisor, in violation of Article 25 (2) or suspending construction works;