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(영문) 서울서부지방법원 2013.10.31 2013고정1376
건설산업기본법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a company established for the purpose of building construction business, earth construction business and reinforced concrete construction business, and the defendant A is the representative director of B Co.

1. Notwithstanding the fact that Defendant A could not subcontract all of the contracted construction works or most of the main parts of the construction works prescribed by the Presidential Decree to another constructor, Defendant A re-subcontracted most of the construction works for creating the site for electric power complex E in the original city contracted from D, at a place where it is impossible to know about April 201, and at the same time, Defendant A re-subcontracted to a natural construction company.

2. Defendant B Co., Ltd. re-subcontracted most of the construction works for site formation of electric power resource housing site to a natural construction company at the time and at the same place as that of paragraph (1) by the above company A, the representative director of the said company, who was awarded a contract from D.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of D police statement;

1. Application of each standard contract agreement, subcontract agreement, and statutes;

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

(a) Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29(3) of the same Act;

(b) Defendant B corporation: Article 98(2), Article 96 subparag. 4, and Article 29(3) of the Framework Act on the Construction Industry

1. Detention in a workhouse;

A. Defendant A: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more.

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