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(영문) 전주지방법원 2018.05.02 2017고정753
승강기시설안전관리법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the defendant is the pastor of the D church located in the complete Busan-gu Seoul-si, Jeonju-si, and the actual managing body of the elevator established in the D church.

Any person recognized as the managing body of the boarding machine shall manage the elevator to continuously maintain its function and safety, and shall undergo a regular inspection of the elevator conducted by the Minister of National Safety within one year from the date of the immediately preceding regular inspection conducted by the Minister of National Safety.

Nevertheless, the defendant, as the managing body of the elevator installed in the D church, has neglected to perform his/her duty to continuously maintain the function and safety of the elevator, without undergoing a regular inspection until the period of validity of the regular inspection of the elevator (by December 29, 2016) expires, as the managing body of the elevator installed in the D church.

1. From January 1 to April 12, 2017, it was illegally operated.

Accordingly, the defendant operated the elevator illegally without undergoing a regular inspection, the term of validity of which expires.

2. Defendant's assertion;

A. The Defendant is not the managing body of one elevator installed within the D church (hereinafter “the instant elevator”).

B. The Defendant was unaware of the fact that the instant elevator was an elevator whose validity period of regular inspection expired.

(c)

The defendant's act constitutes a justifiable act.

3. Determination

A. The following facts are acknowledged in full view of the evidence duly admitted and examined by this court.

1) The term of validity of a regular inspection of the instant elevator is until December 29, 2016.

On November 26, 2016, the Korea Elevator Safety Agency sent “a regular inspection application and internal report” to the D church by regular mail (it is not known who received the said mail). 2) The Defendant taken office as a member of the D church on January 1, 2017, following the expiration date of the term of validity of the instant elevator inspection.

The Korea Elevator Safety Agency shall assume office of defendants.

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