logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.16 2017고정539
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is that the Defendant, as the representative director of D Co., Ltd., is the manager of the building E in Young-si E.

Persons related to specific fire-fighting objects shall implement the measures ordered by the director general of a fire-fighting headquarters or the head of a fire station for specific fire-fighting objects not installed, maintained, or managed in accordance with the fire safety standards.

Even though the Defendant received an order to correct the contents of “a total of 64 maintenance or installation of defective fire-fighting facilities, such as installation of a hedge and a smoke studor on fire-fighting equipment by August 16, 2016,” from the head of Yeongdeungpo Fire Station around June 21, 2016, the Defendant did not implement 19 items as shown in the attached list of crimes, without justifiable grounds.

2. The Defendant, the representative director of the Defendant and the defense counsel’s assertion, was ordered to perform an order for correction and supplementation (hereinafter “instant order for correction and supplementation”) issued by the captain of the Yongsan Fire Station D (hereinafter “instant company”) on June 21, 2016, but the Defendant failed to comply with the order due to the failure of the F in possession of the pertinent part to open the entrance and exit, and thus, there was justifiable reason for failing to comply with the instant order for correction and supplementation.

3. Determination

(a) The main sentence of Article 9 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems provides that persons related to specific fire-fighting objects shall install, maintain, and manage fire-fighting systems prescribed by Presidential Decree in accordance with the fire safety standards determined and publicly notified by the Administrator of the National Fire Agency; and the director general of a fire-fighting headquarters or the head of a fire station may order persons related to the relevant specific fire-fighting objects concerned to take necessary measures, if the fire-fighting systems referred to in paragraph (1) are not installed, maintained, and managed in accordance with the fire safety

Article 48-2(1) of the same Act provides that an order under Article 9(2) shall be issued without justifiable grounds.

arrow