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(영문) 수원지방법원 안산지원 2018.10.25 2018고정430
화재예방ㆍ소방시설설치유지및안전관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Where the head of a fire defense headquarters or the head of a fire station orders persons related to the specific fire-fighting object concerned to take necessary measures when the fire-fighting system does not install, maintain, or manage such object in compliance with the fire safety standards, the person concerned shall be obligated to perform such order;

The Defendant was the representative director of the B Co., Ltd. in Ansan-si, and on February 17, 2017, the Defendant did not receive a corrective order by the due date, despite the Defendant’s failure to comply with the aforementioned corrective order by the due date, on the following grounds: (a) around February 17, 2017, the head of the Ansan-si Fire Station Co., Ltd., “B Co., Ltd.’s office fire extinguishers disuse equipment of the third floor; (b) the removal of the second floor fire detection equipment of the office; (c) the installation of the third floor fire hydrants; (d) the installation of the third floor warning units; (e) the installation of the third floor warning units; (e) the installation of the fire extinguishing system of the third floor; and (e) the installation of the fire extinguishing system at the entrance of the factory; (e) the installation of the fire extinguishing system at the front of the indoor fire hydrant; and (e) the defect and the defect of the exhausters at the second floor of the automatic corridor.”

2. Defendant B, the representative of the Defendant, was notified of an order to supplement fire-fighting systems as stated in paragraph (1) by the head of the Ansan Fire-Fighting Station, but failed to comply with the order without any justifiable reason.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Report on the violation of fire-fighting-related Acts and subordinate statutes prepared;

1. A cadastral statement;

1. Other non-delivery inquiries;

1. Issuance of the corrective and supplementary order (Operational Function Inspection) (the Defendants and defense counsel requested repair works of fire-fighting systems to Defendant A, but the above company failed to perform the repair works at the time on the wind that it failed to complete the repair works at the time, so there is a justifiable reason. However, the above circumstance cannot be viewed as a justifiable reason. Thus, the above assertion is justified.

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