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(영문) 청주지방법원 2018.12.20 2018구합3580
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. In accordance with Article 27(1) of the former Building Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Building Act”), the Plaintiff, an architect, was a building on seven stories above ground (7 stories above total floor area of 3,815.84 square meters, and 9 stories above ground, as at the time of new construction, but became a building on nine stories due to the first and second extension of the 8th floor due to the first extension; hereinafter “instant building”) on July 11, 201, pursuant to Article 27(1) of the former Building Act (amended by Act No. 11690, Jun. 8, 2013; hereinafter “former Building Act”).

B. On December 21, 2017, the occurrence of a fire on the instant building, 29 persons died and 29 persons were injured (hereinafter “instant fire accident”).

C. The Defendant stated that “In the event of a new construction investigation and the first extension investigation by the Plaintiff, the instant disposition is indicated as if the Plaintiff were the grounds for disposition as well as the second extension investigation by the Plaintiff. However, the Defendant stated that “the part concerning the second extension investigation was not the grounds for disposition” (the Defendant’s reply No. 8 pages, No. 6-1, No. 6-2), and accordingly, the Plaintiff withdrawn the assertion regarding the second extension investigation (the first date for pleading).

Despite the violation of Articles 50 and 49(2) of the former Building Act, the cargo elevator walls of the instant building are not fire-resistant structure, but loaded with stone plates and tin bags, and despite the violation of Articles 50 and 49(2) of the former Building Act on the floor of EPS (EPS) room, they reported differently from the fact in the inspection report.

hereinafter referred to as the "reasons for Disposition of this case"

On May 25, 2018, prior notice was given to the effect that the report will become invalid. D.

The defendant, after undergoing the hearing procedure on June 8, 2018, constitutes grounds for the disposition of this case on August 1, 2018.

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