경고처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The plaintiff is a corporation registered as the fire-fighting facility construction businessman under the Fire-Fighting System Installation Business Act.
B. On August 20, 2019, when the public official belonging to the Defendant inspected the construction site of the C Co., Ltd. located in five parcels outside the Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant construction site”), the Plaintiff was constructing a sprinkler system under the condition that Nonparty D, a fire-fighting engineer belonging to the Defendant, left the site.
C. On October 18, 2019, the Defendant: (a) deemed that the Plaintiff’s failure to place a fire protection engineer at the instant construction site violates Article 12(2) of the Fire-Fighting System Installation Business Act (hereinafter “Act”); and (b) applied Article 9(1)11 of the Act and Article 9 of the Enforcement Rule of the Fire-Fighting System Installation Business Act to the standards for administrative disposition specified in [Attachment Table 1] of the Enforcement Rule of the Fire-Fighting System Installation Business Act; and (c)
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 3, Eul evidence Nos. 1 through 4, or the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff placed D secondary fire-fighting technicians at various sites, including the construction site of this case, in compliance with the standards for posting fire-fighting engineers under Article 3 of the former Enforcement Decree of the Fire-Fighting System Installation Business Act (amended by Presidential Decree No. 30237, Dec. 10, 2019).
However, Article 12(2) of the Act provides that fire-fighting engineers shall be placed at the construction site, not at the construction site. The purpose of the provision is that if one fire-fighting engineer is placed at the construction site, it is possible to perform responsible construction and technical management for fire-fighting system installation even if one fire-fighting engineer is placed at the construction site. In the case of a small construction site in reality, one fire-fighting engineer will return to several construction sites.