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(영문) 창원지방법원 2020.11.27 2020고정545
화재예방,소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the interested person of a specific fire-fighting object as the head of Seongbuk-gu B market in Changwon-si.

An interested person of a specific fire-fighting object 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 if the chief of a fire station, etc. fails to install, maintain, or manage such systems accordingly

Nevertheless, the Defendant received on December 30, 2019 an order from the Changwon Fire Station to take necessary measures with respect to defective fire-fighting systems, such as indoor fire hydrant in the said B market, but failed to implement the order by May 7, 202, which is the execution period, without justifiable grounds.

Summary of Evidence

1. Reporting the results of confirmation on the implementation of an order to take measures to examine the suspect's interrogation of the police by the defendant's court statement (as of the second trial date), notification of corrective measures following self-examination, and application of statutes for postponement of order

1. Relevant Articles 48-2 and 48-2 subparagraph 1 of the Act on Fire Prevention and Fire-Fighting Systems, Installation, Maintenance, and Safety Control of Fire-Fighting Systems, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the legislative purpose of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems (hereinafter “Fire-Fighting Systems Act”), the purport of Article 9(2) of the Fire-Fighting Systems Act is to strictly maintain and manage specific fire-fighting objects in accordance with the fire safety standards inasmuch as a fire occurs in a specific fire-fighting object as prescribed by fire-fighting system statutes and regulations, which may cause large accidents and threaten people’s lives and bodies and cause property damage.

B The Mayor shall have the total floor area of 36,149.49 square meters and the building area of 2.2.

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