CONTENTS
- 1. The Client Who Came to the Construction Attorney
- - How the Client Came to the Construction Attorney
- 2. The Law Related to the Case as Explained by the Construction Attorney
- 3. The Construction Attorney's Assistance
- - Construction Attorney, Arguing That a Plan for Restoration Had Been Made
- - Construction Attorney, Arguing That the Charge for Compelling Compliance Had Been Paid
- - Construction Attorney, Arguing That the Client Was a First-Time Offender
- 4. The Court's Decision on the Construction Attorney's Arguments
- - If You Need Help
1. The Client Who Came to the Construction Attorney
The client who came to the construction attorney requested a consultation with a construction-case attorney, seeking to obtain a reduced sentence on appeal with respect to the Building Act violation charge with an attorney's assistance.
How the Client Came to the Construction Attorney
The client in this case unlawfully built up a multi-household house that had originally received use approval for 6 households into 18 households through major repairs.
Not long after violating the Building Act, the client was caught carrying out unauthorized major repairs to the house and was notified of a charge for compelling compliance.
The client, who took this lightly, did not pay the charge for compelling compliance and made no effort to restore the building.
Ultimately, the court sentenced the client to imprisonment at first instance.
The client came to the construction attorney for a consultation, seeking to obtain a reduced sentence on appeal with an attorney's assistance.
2. The Law Related to the Case as Explained by the Construction Attorney
Building Act Article 11 (Building Permit)
① A person who intends to build or carry out major repairs to a building shall obtain a permit from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si, Gun, or Gu.
However, a person who intends to build a building of a use and scale prescribed by Presidential Decree, such as a building of 21 or more stories, in a Special Metropolitan City or a Metropolitan City shall obtain a permit from the Special Metropolitan City Mayor or the Metropolitan City Mayor.
Building Act Article 108 (Penalty Provisions)
① A person who falls under any of the following shall be punished by imprisonment for up to 3 years or a fine not exceeding 500 million won.
1. A building owner or contractor who, in an urban area, builds, carries out major repairs to, or changes the use of a building in violation of Article 11①, Article 19(1) and (2), Article 47, Article 55, Article 56, Article 58, Article 60, Article 61, or Article 77-10
Article 80 (Charges for Compelling Compliance)
(1) With respect to a building owner or other person who, after receiving a corrective order under Article 79(1), fails to comply with the corrective order within the period for compliance, the permitting authority shall, after setting a reasonable additional time limit necessary for compliance with the corrective order, impose the following charges for compelling compliance if the corrective order is not complied with by that time limit. However, with respect to a residential building whose total floor area (in the case of an apartment house, based on the area of each household) is 60 square meters or less, and a residential building under Subparagraph 2 that is prescribed by Presidential Decree, the amount prescribed by the ordinance of the relevant local government within the range of one-half of the amount falling under any of the following subparagraphs shall be imposed.
3. The Construction Attorney's Assistance
The construction attorney established a careful strategy to overturn the first-instance judgment that had imposed an immediate custodial sentence and to obtain a reduced sentence on appeal.
The attorney earnestly sought leniency for the client, making the following arguments.
Construction Attorney, Arguing That a Plan for Restoration Had Been Made
We emphasized that the client planned to carry out the work sequentially, one month per floor, in order to restore the building to its original condition.
Construction Attorney, Arguing That the Charge for Compelling Compliance Had Been Paid
We emphasized that the client deeply regrets his conduct and has paid in full the charge for compelling compliance imposed on him.
Construction Attorney, Arguing That the Client Was a First-Time Offender
We emphasized that the client has come to understand how important law-abiding conduct is and is resolved to live anew, and that, as a first-time offender, there is no risk of reoffending.
4. The Court's Decision on the Construction Attorney's Arguments
The court, accepting the arguments of the construction attorney, imposed a ‘suspended sentence’ on appeal.
If You Need Help
The construction attorneys at Daeryun place importance on communication with clients and establish tailored real estate strategies.
We provide comprehensive services for matters that include specialized areas such as administrative regulation and criminal issues related to construction and real estate.
If you need an attorney's assistance in a situation similar to the case above, you are welcome to reach out to Daeryun at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
