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(영문) 대구지방법원 2017.08.18 2016노5751
건축법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A completed the reinforcement of the steel bars of the fourth floor upon the request of the supervisor of the construction work, but was inevitably laid down concrete on the reinforced part without having undergone a re-inspection conducted by B due to weather and construction period, etc. In accordance with the direction of B, Defendant A was subject to the structural safety diagnosis of the above fourth floor as to the above fourth floor as ordered by the supervisor of the construction work, and the Defendant did not comply with the direction of the supervisor of the construction work.

B. Each sentence (one million won per fine) sentenced by the lower court to the Defendants, Defendant B and C, are too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court and the first instance court as to Defendant A’s assertion: (i) Article 110 Subparag. 5 and Article 25(3) of the Building Act prohibits a construction work executor from continuing construction works upon request of a supervisor for correction or reconstruction; and (ii) Article 110 Subparag. 5 and Article 25(3) of the same Act prohibits a construction work executor from continuing construction works upon receipt of a request for construction work suspension; and (iii) “where a construction supervisor fails to comply with a request of a supervisor for correction” under the same provision does not implement the matters subject to correction; and (iv) even if the construction supervisor ordered the construction supervisor to undergo re-verification after the correction of the relevant matters, the construction works shall be deemed to include cases where the construction works continue to be conducted without undergoing re-verification; and (iii) the Defendant has received an order from the supervisor on January 26, 2016 and the construction supervisor on July 3, 2016 to undergo re-verification on the 16th floor without undergoing re-verification.

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