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(영문) 서울중앙지방법원 2016.01.20 2015고정4441
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative of the corporate commercial building management and operation council in Seoul C.

When a fire-fighting system fails to be installed, maintained or managed in accordance with the fire safety standards, the director general of the fire-fighting headquarters or the head of the fire station may order persons related to the relevant specific fire-fighting objects concerned to take necessary measures, and the persons in receipt of such order shall not violate

Nevertheless, on July 3, 2015, the Defendant issued an order to take measures to improve fire-fighting systems from the fire-fighting assistant to the fire-fighting assistant in Seoul around July 3, 2015 pursuant to Article 9 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act with respect to defective fire-fighting systems, and failed to comply with the said order without justifiable grounds until September 3, 2015, extended by the extension of the period

2. The Defendant, as seen in the foregoing paragraph 1, failed to comply with an order issued by the representative A to take measures to self-inspection of the director of the mid-term commercial building management committee, a corporate representative, upon the corporation’s business operations, without justifiable grounds.

Summary of Evidence

1. Defendant A’s legal statement

1. A report on violation of Acts and subordinate statutes related to fire-fighting (B commercial buildings);

1. A certificate of all registered matters (an incorporated association B commercial building management and operation committee);

1. A written inspection for verifying an order for measures;

1. Notification of the result of the extension of the order for measures;

1. (B) Report on the result of the extension of the order to take measures;

1. An application for extension of the fire-fighting system order;

1. An order to take measures for matters pointed out in the self-inspection (B commercial buildings);

1. Notice of disposition in advance;

1. Application of Acts and subordinate statutes to a report as a result of comprehensive close inspection;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 1 of Article 48-2 and Article 9(2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems; selection of fines;

(b) Defendant B commercial building management association: Articles 52 and 48-2 subparagraph 1 and 9 (2) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems;

1. Defendant A to be detained in a workhouse: Article 70(1) and (2) of the Criminal Act.

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