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(영문) 부산지방법원 2016.03.23 2016고정576

소방시설설치ㆍ유지및안전관리에관한법률위반

Text

Defendant

A corporate association shall be punished by a fine of five hundred thousand won.

In order to order the provisional payment of an amount equivalent to the above fine.

Defendant .

Reasons

Punishment of the crime

1. Defendant A is a director of an incorporated association in Busan Jin-gu C, who performs the duty of maintaining and managing the above D market fire-fighting systems and the overall operation of the market.

When a fire-fighting system fails to be installed, maintained, or managed in accordance with the fire safety standards, the director general of the fire-fighting headquarters or the head of the fire station may order persons related to the specific fire-fighting objects concerned to take necessary measures, and the persons so ordered shall not violate

However, on June 24, 2015, the Defendant received an order from the head of Busan Fire-Fighting Station to take measures to improve fire-fighting systems in accordance with Article 9 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act with respect to defective fire-fighting systems in the D market located in Busan Fire-Fighting Station C, but failed to comply with the above order without justifiable grounds until August 24, 2015, which is extended by the extension of the period for taking measures.

2. The Defendant B, as described in the above paragraph 1, did not comply with the orders issued by the head of the Busan Jin Fire Station to take measures for self-inspection as stated in the paragraph 1 regarding the corporation’s business without any justifiable reason.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning interrogation of suspects of police officers of special judicial police officers against Defendant A;

1. Report on the violation of fire-fighting-related Acts and subordinate statutes (D market);

1. A certificate of an offense;

1. Building ledger (D market);

1. Reporting on the results of inspection of functions of operation and notification of an order to take measures;

1. Application for postponement of measures and report on holding of the Council;

1. Reporting on the results of the most recent session for deliberation and on-site inspections;

1. A corporate statement;

1. Application of Acts and subordinate statutes to all the registered matters;

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

(a) Defendant A: Subparagraph 1 of Article 48-2 and Article 9(2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems; selection of fines;

B. Defendant B: Articles 52 and 48-2 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act.