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(영문) 춘천지방법원 영월지원 2015.12.11 2015고단265
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

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

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is the actual operator as director of Section B (main) who operates Category D in Thailand, and the above Category D shall install fire-fighting systems as prescribed by Presidential Decree as a specific fire-fighting object.

Where a fire-fighting system that shall meet the standards for fire safety fails to be installed, maintained or managed in accordance with the fire safety standards, the chief of a fire station may order an interested person of the specific fire-fighting object

Nevertheless, on December 30, 2013, the Defendant failed to take any measures and violated it without justifiable grounds, even though it received an order for correction and supplementation to order the provision and maintenance of fire extinguishing equipment, replacement of warning equipment and escape equipment, etc. by January 30, 2014 as a result of the comprehensive precise inspection of D buildings under the name of the chief of the Taecheon fire department in the above D around December 30, 2013.

(b) An interested person of a specific fire-fighting object shall conduct regular self-checks on fire-fighting systems, etc. installed in such object or have a manager or technical qualification prescribed by Ordinance of the Prime Minister conduct regular inspections;

Nevertheless, on December 3, 2014, the Defendant failed to perform the self-inspection of the fire-fighting systems installed in the above D by the chief of Taecheon Construction Department, despite being notified of the self-inspection of the fire-fighting systems installed in the above D.

2. Defendant B, as a director of the Defendant Co., Ltd., Defendant A, a substantial operator, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Examination results of the report on the violation of each fire-fighting-related Acts and subordinate statutes, building register, guidance for comprehensive precision inspection (D), information for self-inspection of fire-fighting systems, each registry, all certificates of the self-inspection, plans for corrective and supplementary orders subject to comprehensive precision inspection (D), notification forests for corrective orders subject to comprehensive precision inspection, receipt certificates, and examination results of the application for postponement of the deadline for DNA corrective and supplementary orders;

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