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(영문) 서울남부지방법원 2019.06.13 2018고단6554
소방기본법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who works as the head of Geumcheon-gu Seoul Metropolitan Government apartment management office and is related to fire-fighting law.

B apartment buildings are 16 buildings, 1772 households, and specific objects of fire-fighting for multi-family housing of a total floor area of 236,939.13 square meters.

Where the chief of a fire station issues an order to take necessary measures because a fire-fighting system, etc. fails to install or maintain it in compliance with national fire safety standards, the interested person of a specific fire-fighting object shall not

Nevertheless, on April 18, 2018, the Defendant received a comprehensive precise inspection order from the old chief of the fire station to withdraw necessary measures regarding defective fire-fighting systems, etc. regarding B apartment buildings, but did not implement some of the matters of the order to take measures as stated in the attached Form List of Crimes until May 8, 2015, which is the deadline for taking measures.

Accordingly, the defendant violated the order to take measures of the old chief of the fire station without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Report on the violation of the fire-fighting-related Acts and subordinate statutes to be attached to a report on the offender and the result of confirmation as to whether defective matters of the fire-fighting system are supplemented, on-site confirmation photographs, B apartment fire-fighting system management status, confirmation of the violation

1. A notice of disposition following the comprehensive precision inspection accompanied by an investigation report (a document related to a measure order) and a written order to take measures following the comprehensive precision inspection is a defense counsel. Since the implementation of an order to take measures is matters to be resolved by the council of occupants' representatives, the Defendant’s resolution that the minimum amount of public tender was inevitable to select the construction company. As such, it was delayed time with the wind that the public tender was submitted three times at an open bid. Since then, the Defendant’s failure to take measures within the period for taking measures, the Defendant selected the construction company under a private contract and implemented an order to take measures around May 20, 2018.

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