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(영문) 인천지방법원 2018.07.18 2018고단717

시설물의안전관리에관한특별법위반

Text

Defendants are not guilty.

Reasons

The management authority of a public structure that is responsible for the management of a structure built through construction works and its ancillary facilities shall conduct a safety inspection of the public structure under its jurisdiction to maintain its functions and safety, and shall conduct a safety inspection of the public structure by requiring a person having experience and skills to conduct a safety inspection of the public structure with respect to Class 1 public structure and Class 2 public structure designated by Presidential Decree (hereinafter referred to as "public structure under the special circumstances of the Si") as deemed necessary to maintain high level of technology in its structure, such as bridge, tunnel, harbor, dam, building, etc. among the public structure, or by requiring a person with experience and skills to conduct a safety inspection by inspecting risk factors inherent in the public structure using the land, inspection apparatus, etc., and as a result, where it is deemed necessary to prevent disasters and disasters, and to take prompt and appropriate measures therefor, the management authority of the public structure shall conduct a safety inspection by investigating, measuring, and reinforcing the structural safety and functional defects of the public structure and present the method of safety inspection, such as safety inspection and precise safety diagnosis of the public, as prescribed by Ordinance of the Prime Minister.

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 Safety Act, and obtaining a certain point or more in the project performance evaluation is entitled to participate in the tender of most safety diagnosis services, and the project performance capacity score or reverse-use performance and the total project performance performance score are determined to be awarded a successful tender.