Analyzing Article 85(Penalty) in the Construction Technology Promotion Act based on the Principle of Legality

Abstract

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.