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(영문) 의정부지방법원 고양지원 2015.05.01 2015고정163

소방시설설치ㆍ유지및안전관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Article 20(2) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act provides that "the interested person of a specific fire-fighting object prescribed by Presidential Decree shall appoint a person prescribed by Presidential Decree as a fire safety controller to conduct fire safety control affairs, as prescribed by Ordinance of the Ministry of Security and Public Administration," and Article 14(1)1 of the Enforcement Rule of the same Act provides that "the interested person of a specific fire-fighting object shall appoint a fire safety controller within 30 days from the completion date of the relevant specific fire-fighting object (referring to the date on which it becomes possible to use a building pursuant

The Defendant did not appoint a fire safety controller within 30 days from July 24, 2012, as the actual owner and operator of a building in the B and four lots (the storage facilities, the area of 1,521 square meters, hereinafter “instant building”).

2. Article 9(3) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act provides that "related persons of specific fire-fighting objects shall not engage in any act such as closing (including locking) or blocking (including locking) that may impede the function and performance of fire-fighting systems in maintaining and managing fire-fighting systems, etc.

On July 24, 2012, the Defendant, as the actual owner and operator of the instant building, discontinued electric power supply of the building after approval for the use of the building, thereby closing or blocking fire-fighting systems.

3. Article 25 (1) of the Installation, Inducement and Safety Control of Fire-Fighting Systems Act provides that "persons related to specific objects of fire-fighting shall conduct regular self-inspection on fire-fighting systems installed in the objects of fire-fighting or have a manager or technical qualification holder prescribed by Ordinance of the Ministry of Security and Public Administration conduct regular inspections."

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