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(영문) 부산지방법원 서부지원 2021.02.17 2020고정681
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A and B do not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mechanical facility and equipment construction company of the trade name called E in Busan-gu, and Defendant B is a person who works from Kimhae-si F as a representative director of the C& corporation.

1. Any person who intends to conduct defendant A construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree;

Nevertheless, the Defendant did not register the construction business of machinery and equipment with the Minister of Construction and Transportation, from January 3, 2018 to April 13, 2018, the Defendant subcontracted the construction work with H construction cost of KRW 180 million from the construction site of the fisheries market improvement project that was awarded a contract by the KNG G in the Nam-nam-gun-gun Seoul Special Metropolitan City, to the construction site of the fisheries market improvement project that was awarded a contract by the KNG Co., Ltd.

2. The defendant B's supplier shall subcontract to the construction business operator who has registered the type of business corresponding to the construction work.

Nevertheless, the Defendant subcontracted “H Corporation” in the construction cost of KRW 18 million to A who did not register a mechanical facility construction business at the date and place specified in paragraph (1).

3. The Defendant Co., Ltd. committed the act of violation as described in paragraph (2) against the Defendant, at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against the defendant A or B;

1. Application of the standard subcontract agreement for construction works, the text of the judgment (CJ 2018 unit support 2018 unit support 2018 unit support 6479 unit), a certified copy of the registry (C stock company) to I and J

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 1 of Article 95-2 of the Framework Act on the Construction Industry and Article 9(1) of the same Act, and the selection of fines;

B. Defendant B: Article 96 subparag. 4 of the Framework Act on the Construction Industry; Article 25 subparag. 2 of the former Framework Act on the Construction Industry (wholly amended by Act No. 16136, Dec. 31, 2018); Selection of fines

C. Defendant C: (a) Articles 98(2) and 96 subparag. 4 of the Framework Act on the Construction Industry; (b) the former Framework Act on the Construction Industry (Act No. 16136, Dec. 31, 2018).

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