In case of the change of the owner, whether or not the status of the construction supervisor selected by the former owner exists;

A project supervisor selected once shall continue to maintain his/her status notwithstanding the change of the project owner subsequent to the cancellation or change of the selection.

Article 6 of the Building Act (Law No. 3251)

Defendant

Defendant

Busan District Court (83 High Court Decision 3106)

The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal by the defendant is as follows: First, according to the Building Act, which was enforced in July 1979, around the time when the defendant had obtained a construction permit for five tenement houses as to the violation of the Building Act, which was enforced in July 1979, with regard to the construction work of apartment houses, the construction work of apartment houses shall be conducted by a certified architect who has designed a construction supervision theory for the construction work; thus, even if the defendant selected a certified architect who has registered a general architect office and did not have a construction supervision, the court below found the defendant guilty by applying the provisions of the amended Building Act retroactively. Second, with regard to the violation of the Building Act, the head of Busan Seo-gu Office ordered the defendant to suspend the construction work on the ground that the construction supervisor was not appointed, as seen above, although the order of suspension was invalid because the defendant did not need to appoint a construction supervisor, the judgment below is erroneous and found the defendant guilty despite the fact that the defendant did not comply with the above order.

2. Prior to the judgment on the grounds for appeal above, the prosecutor, ex officio after the judgment of the court below, applied for changes in indictment and applicable provisions of Acts and subordinate statutes and permitted the members to do so. Thus, the judgment of the court below was eventually judged as a result of the judgment on the facts not prosecuted and it cannot be maintained as it is.

Therefore, the judgment of the court below is reversed and the judgment is delivered as follows.

The summary of the facts charged in the instant case is as follows: (a) from July 12, 1979 to November 1, 1982, the Defendant: (b) without designating the architect as the supervisor, and (c) without having designated the architect as the supervisor; and (d) on September 29, 1982, the Defendant continued to comply with the instant order and continued to execute construction works despite having been ordered by the head of the Busan Western District Office to suspend the said construction works on the ground that the construction supervisor was not appointed.

3. Regarding the part of the construction supervisor’s non-indicted 2’s non-indicted 2’s non-indicted 1’s statement and statement of non-indicted 1’s non-indicted 2’s non-indicted 3’s non-indicted 1’s non-indicted 2’s non-indicted 9’s non-indicted 1’s non-indicted 2’s non-indicted 9’s non-indicted 2’s non-indicted 9’s non-indicted 9’s non-indicted 2’s non-indicted 9’s non-indicted 9’s non-indicted 2’s non-indicted 9’s non-indicted 2’s non-indicted 9’s non-indicted 9’s non-indicted 2’s non-indicted 9’s non-indicted 2’s non-indicted 9’s non-indicted 9’s non-indicted 9’s non-indicted 9’s non-indicted 2’s non-indicted 9’s non-indicted 9’s non-indicted 9’s non-indicted 9’s non-indicted

4. Furthermore, as to the defendant's violation of the order to suspend construction, the head of Busan Western District Office issued the order to suspend construction on the grounds that the defendant did not appoint a project supervisor, but the defendant continued the construction with a project supervisor, as seen earlier, the above order to suspend construction of the head of Busan Western District Office is illegal and there is no proof of crime as to this part of the charge.

5. Thus, since all of the facts charged in this case are without proof of crime, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-hun (Presiding Judge)