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(영문) 광주지방법원 2019.10.31 2018고정1253

승강기시설안전관리법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is an elevator maintenance business operator.

No elevator maintenance business operator shall subcontract his/her maintenance business of an elevator under his/her contract to another maintenance business operator, etc.

Provided, That this shall not apply where any maintenance business below the ratio prescribed by Presidential Decree is subcontracted to another maintenance business operator and the managing body of an elevator gives written consent.

1. Around January 25, 2013, the Defendant violated the Elevator Facilities Safety Management Act related to the subcontracting for the B-D Industrial Establishments entered into a contract for the repair and maintenance of the elevator at the Gwangju Regional Headquarters located in the Gwangju Mine-gu, and at the B-D-D located in the Gu of Gwangju City (contract period: from February 1, 2013 to September 30, 2014), and concluded the contract for the repair and maintenance of the said elevator two times on September 30, 2016 (contract period: from October 1, 2014 to September 30, 2015); and on September 30, 2016, the contract for the repair and maintenance of the said elevator (contract period: from October 1, 2015 to September 30, 2016).

Nevertheless, around February 1, 2016, the Defendant entered into a basic agreement on elevator maintenance and management joint contractors (contract period: from February 1, 2016 to January 31, 2017) with a limited liability company by entering into a basic agreement on elevator maintenance and management joint contractors (contract period: from February 1, 2016 to January 31, 2017) with the said limited liability company and “B-Dsan Housing,” etc. by concluding a basic agreement on elevator maintenance and management joint contractors (contract period: from February 1, 2017 to January 31, 2018) with the said limited liability company.

2. Around February 20, 2013, the Defendant violated the Elevator Safety Management Act related to the subcontracting of Jung Jong-Eup-si, the elevator of the Gwangju Regional Headquarters located in Gwangju Mine-gu C, and the “B Jung Jong-Eup-si” located in Jung-Eup-si.