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Analyzing Article 85(Penalty) in the Construction Technology Promotion Act based on the Principle of Legality
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 Title & Authors
Analyzing Article 85(Penalty) in the Construction Technology Promotion Act based on the Principle of Legality
Kim, Eunbae; Lee, Hyun-Soo; Park, Moonseo; Son, Bosik;
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 Abstract
Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.
 Keywords
Construction Technology Promotion Act;Penalty Provisions;Principle of Legality;Administrative Law;Criminal Law;
 Language
Korean
 Cited by
 References
1.
Chung, Y. H., Lee, S. B., Park, H. J., and Cho, H. J. (2012). "Characteristics of the Duty of care of a Good Manager according to the Construction Manager's Task," Korean Journal of Construction Engineering and Management, KICEM, 13(1), pp. 36-43. crossref(new window)

2.
Kang, W. S. (2006). The improvement schemes of construction related punishable provision in Korea, Construction Economy Research Institute of Korea (CERIK), Seoul, Korea.

3.
Kim, H. (2005). "Criminal Liability of Construction Engineers," Journal of Korea Society of Civil Engineers, 53(5), pp. 47-50.

4.
Kim, I. S. and Suh B. H. (2014). Criminal Law-a general part, 12th ed., Pakyoungsa, Seoul. pp. 336-342.

5.
Korea Land Daily (2014). "The Reform of Construction Technology Management Act," (Apr. 11, 2014)

6.
Lee, J. S. (2011). Criminal Law, 7th ed., Pakyoungsa, Seoul.

7.
Lee, S. B. (2011). "A study on the Ethics Characteristics according to Service and Practice of Construction Manager," Korean Journal of Construction Engineering and Management, KICEM, 12(1), pp. 97-106.

8.
Merrian-Webster's Inc. (1993). Merrian-Webster' s Collegiate Dictionary, Merrian-Webster's Inc., Springfield, MA, USA.

9.
Ministry of Government Legislation.

10.
Ministry of Justice (2011). A statement of proposal for revision of several provisions in the Criminal Law, Korea Ministry of Justice, Gwacheon, p. 4.

11.
Ministry of Land, Transport and Maritime Affairs (2012). An Authoritative Interpretation of Framework Act on the Construction Industry, Construction Economy, Seoul, pp. 305-369.

12.
Park, J. H. (2001). "Administrative punishment in the narrower and the wider perspective," SNU Law, 41(4), p. 286.

13.
Park, K. S. (2014). Introduction to Administrative Law, 2nd ed., Pakyoungsa, Seoul.

14.
Park, K. S. (2013). Administrative Law, 10the ed., Pakyoungsa, Seoul.

15.
Park, S. Y. (2004). Introduction to Law, Donghyun, Seoul.

16.
Park, S. K. et al. (2010). Jurisprudence, Pakyoungsa, Seoul.

17.
Ryu, J. T. (2002). "System of administrative penalty," Lawyers Association Journal, 51(12), p. 34.

18.
Shin, D. U. et al. (2009). (Law School) Criminal Law, Pakyoungsa, Seoul, pp. 38-104, 673-730.

19.
The National Institute of Korean Language (1999). Standard Korean Dictionary, Doosandonga, Seoul.

20.
The Law Journal (2006). Criminal Law, The Law Journal, Seoul, pp. 49, 53-54, 127.