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(영문) 서울남부지방법원 2013.08.13 2012고정3807
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 50.

Reasons

Punishment of the crime

1. Defendant A is the operator of Yeongdeungpo-gu Seoul Metropolitan Government Company B, who has overall control over the above company’s business.

A contractor shall subcontract the type of business corresponding to the details of construction to a registered constructor.

Nevertheless, on January 15, 2011, the Defendant subcontracted the construction of steel structure to E, a non-registered construction company, for the extension and remodeling work of Suwon-si F, Suwon-si.

2. The above Gap, the employer of the defendant B, subcontracted the defendant's business to the non-registered construction company as above at the same time and place as the above paragraph 1.

Summary of Evidence

1. Defendant B representative director G’s legal statement

1. A protocol of suspect examination of G police officers;

1. A written accusation;

1. Administrative disposition of business suspension, construction contract, written hearing, etc.;

1. Application of statutes on business registration certificates;

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

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

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 25(2) of the Framework Act on the Construction Industry

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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