소방시설설치ㆍ유지및안전관리에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) was reported to G (the head office) which is the actual operator of C, and received instructions from the Defendant.
Even if a person who was in the position of managing C is a manager of a fire-fighting object, the court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged, which is erroneous in the misapprehension of legal principles.
2. Determination
A. Relevant statutes
1. Article 2 (Definition) (2) of the former Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems (Amended by Act No. 12844, Nov. 19, 2014; hereinafter referred to as the “former Fire-Fighting Systems Act”) (2) Except as otherwise expressly provided for in paragraph (1), the definitions of terms used in this Act shall be governed by the provisions of the Framework Act on Fire Services, the Fire-Fighting Systems Construction Business Act, the Act on the Safety Control of Hazardous Substances, and the Building Act.
Article 5 (1) When the location, structure, equipment, or management of a fire-fighting object needs to be supplemented for the prevention of fire, disaster, or disaster as a result of a special investigation into the fire-fighting department, or when the occurrence of a fire is anticipated to cause damage to humans and property, the head of the fire-fighting headquarters, the head of the fire-fighting headquarters, or the head of the fire station may order related persons to repair, remove, prohibit, or restrict the use of, or close the fire-fighting object, or suspend or suspend the construction, or take other necessary measures, as prescribed by Ordinance of the Ministry of
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
1. A person who violates an order to take measures according to the results of a special fire-fighting inspection under Article 5 without justifiable grounds shall be the representative of a corporation under Article 52 (Joint Penalty Provisions), or an agent, employee or other worker of a corporation or an individual;