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(영문) 인천지방법원 2018.02.21 2017고단9279

시설물의안전관리에관한특별법위반

Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 4 million.

Defendant

A above.

Reasons

Punishment of the crime

The management entity responsible for the management of a structure created through construction works and its ancillary facilities shall conduct a safety inspection of the structure under its jurisdiction to maintain its functions and safety, and shall conduct a safety inspection of the structure with respect to the structure, tunnel, harbor, dam, building, etc., among the structure, which is particularly required to be managed in order to promote the convenience and safety of the general public, or which is deemed to require high-level technology for maintenance of the structure, by requiring a person with experience and skills to conduct a safety inspection of the structure, and other Class 1 structure and Class 2 structure designated by Presidential Decree (hereinafter referred to as "facilities under special circumstances of the City") by requiring a person with experience and skills to investigate risk factors inherent in the structure, using the land or inspection apparatus, etc., and as a result, if deemed necessary to prevent disasters and disasters, and to take prompt and appropriate measures therefor, the entity that intends to register the structure, tunnel, harbor, dam, building, etc. and present methods of repair, reinforcement, etc. by conducting a safety inspection and precise safety diagnosis by presenting them to the competent Mayor/Do Governor, as prescribed by Ordinance.

1. Defendant A is a condition under which only a company registered as a specialized safety diagnosis institution can participate in the tender of safety diagnosis services in accordance with the Public Structures Safety Act, and obtaining a certain point or more in the project performance evaluation can participate in the tender of most safety diagnosis services, and the project performance capacity score or the reverse-use performance performance and the total management performance score are determined to be awarded a successful tender.