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(영문) 대전지방법원 2014.08.22 2014고정771
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the owner of a livestock products comprehensive sales place building ( Daejeon Dong-gu C).

Pursuant to Article 20 (2) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, an interested person of a specific object of fire service shall appoint a fire safety controller within 30 days from the date of business suspension if the fire safety controller of the specific object has been suspended, and report it to the head of a fire headquarters or the head of a fire station within 14 days from the date of appointment. However, the defendant did not comply with the above provision even though he/she was notified by the chief of a mid-to

2. Relevant statutes.

A. The Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (hereinafter “Fire-Fighting Systems Act”) provides that an interested person of a specific fire-fighting object shall appoint a person prescribed by Presidential Decree as a fire safety controller and an assistant fire safety controller to conduct fire safety control (Article 20(2)), as prescribed by Ordinance of the Ministry of Security and Public Administration (Article 20(2)); the Enforcement Rule of the same Act provides that a fire safety controller shall be appointed within 30 days from any of the following dates (Article 14(1)); and again, the Fire-Fighting Systems Act punishs a person

(1) Where it is required to newly appoint a fire safety controller of the relevant specific fire-fighting object due to new construction, expansion, remodeling, reconstruction, substantial repair, or alteration of use: The date of completion of the relevant specific fire-fighting object (in cases of a building, referring to the date on which it becomes possible to use the building pursuant to Article 22 of the Building Act; hereafter the same shall apply in this Article)

2. A specific fire-fighting object subject to special fire safety control under Article 22 (1) 1 of the Enforcement Decree of the Fire-Fighting Systems Act due to extension or change of use, and Class I under Article 22 (1) 2 of the Enforcement Decree of the Fire-Fighting Systems Act

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