beta
(영문) 부산지방법원동부지원 2020.08.12 2020고정203

소방시설공사업법위반

Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of fire-fighting system installation business, etc., Defendant A is an internal director of Defendant B, C is a corporation which did not register fire-fighting system business, and D is the actual representative of Company C.

1. Where an interested person of a specific fire-fighting object A or an ordering person awards a contract for fire-fighting system installation, he/she shall do so to the relevant fire-fighting system business entity, and no person awarded a contract shall subcontract fire-fighting system installation to a third person, and he/she may partially subcontract fire-fighting system installation to a third person only

Busan E new building (hereinafter referred to as "new building") is a composite building under the fire-fighting-related Acts and subordinate statutes, and a specific fire-fighting object for which fire-fighting systems in the field of machinery such as indoor fire hydrant equipment and fire-fighting systems in the field of electricity such as

On November 26, 2018, the Defendant, a representative of B, was awarded a contract for fire-fighting system installation works, such as combustion facilities, of the said new building, and did not directly perform all of the subcontracted fire-fighting system installation works, and subcontracted part of the above fire-fighting system installation works to C by entering into a contract with C at least 14.5 million won among the substantial representative D of C and the fire-fighting system installation works. < Amended by Act No. 15006, Nov. 26, 2018>

2. The Defendant B’s inside director, the Defendant, committed the fire fighting system installation business violation as provided in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Each legal statement of the defendant A and the defendant B representative director G

1. Application of Acts and subordinate statutes to reports on violations, certified transcript of register, business registration certificate, report on commencement of fire-fighting system installation works, standard contract for fire-fighting system installation works, standard subcontract agreement for compensation facilities

1. Criminal facts;