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(영문) 대구지방법원 김천지원 2016.12.13 2016고정587
건축법위반
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,000,000 for each of the defendants B and C.

Defendant

A. A.

Reasons

Punishment of the crime

D Co., Ltd. is the contractor who was awarded a contract for construction of urban-type residential housing or officetel in Kimcheon-si from the owner E (ju), and the defendant C Co., Ltd. is the project supervisor who entered into a supervision contract for the said new construction work with the above owner. The defendant A is the head of the above construction site office as the defendant D, and the defendant B is the representative of the defendant C Co.

1. When a project supervisor supervises a project, he/she shall inform the project owner of any fact that violates the Building Act, an order or disposition under the aforesaid Act, or other relevant Acts and subordinate statutes, or that the contractor fails to execute the project in conformity with the design documents, and shall request the contractor to correct the fact or execute reconstruction; and the contractor shall not, upon receiving a request for corrective or reconstruction from the project supervisor, continue the project in compliance with the request or comply with the request for suspension

Nevertheless, on January 26, 2016, the Defendant did not reinforce the steel bars even after the Defendant received a demand for correction from the representative C Co., Ltd., the project supervisor, “after reinforcement of steel bars on the fourth floor,” and that he received a demand for re-verification on the 27th of the same month. It did not comply with the demand for correction even if he received a demand for re-verification by no later than the 30th of the same month, and without complying therewith, carried out construction, such as arbitrarily building concrete on the floor without re-verification and re-verification.

2. Defendant B project supervisor shall keep and maintain a supervision log, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and where the process of construction has reached the stage prescribed by Presidential Decree, he/she shall prepare an interim report on supervision, and where construction has been completed, he/she shall prepare and submit a report on

Nevertheless, the defendant is a construction contractor around September 24, 2015.

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