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(영문) 대전지방법원 논산지원 2018.02.09 2017고정53
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Where a fire-fighting system has not been installed, maintained, or managed in accordance with the fire safety standards, the head of a fire station of defendant A may order the interested parties of the relevant specific fire-fighting object to take necessary measures;

On July 20, 2016, the Defendant, as the representative of B farming association located in Seosan-si, was pointed out that the automatic fire detection equipment (E, F) was damaged at the time of the fire-fighting inspection (E, F), A’s reduction of air exhausters, and fire-proof air exhausters (e, August 27, 2016), and completed corrective measures within the implementation period of the corrective order (e.g., the implementation period of the corrective order). However, on September 22, 2016, the Defendant was found not to have completed corrective measures against A’s reduction of air exhausters at the time of the performance of the fire-fighting special investigation (E, F).

Accordingly, the Defendant did not take necessary measures within the period of corrective measures against an order to supplement fire-fighting systems.

2. Defendant B is an agricultural partnership that mainly sells wholesale products.

In relation to the defendant's duties at the same date and place as described in paragraph 1, the representative of the defendant, as above, did not complete necessary measures within the deadline against an order to supplement fire-fighting systems in the mountain room.

Summary of Evidence

1. Each legal statement of witness G, F, H, and I;

1. Notification of an order to supplement fire-fighting systems and a report of special inspection of the fire-fighting system (the 15 through 18, 20 pages of the investigation records);

1. A report on a violation of fire-fighting-related statutes (seven pages of investigation records);

1. Investigation report (report on results of on-site investigations);

1. B Application of the Acts and subordinate statutes related to photographs not corrected or supplemented by the farming association corporation (the 8th page of the investigation record);

1. Article 48-2 Subparag. 1 and Article 9(2) of the former Act on the Prevention of Fire and the Installation, Maintenance, and Safety Control of Fire-Fighting Systems (Amended by Act No. 13917, Jan. 27, 2016); Defendant B’s agricultural partnership option of fines: the former fire prevention and the installation, maintenance, and management of fire-fighting systems.

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