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(영문) 부산지방법원 동부지원 2015.12.03 2015고정723
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is Busan Shipping Daegu apartment (hereinafter “the apartment of this case”) under the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems, and the defendant is a person related to the fire-fighting related Acts and subordinate statutes as the president of the council of occupants’ representatives of this case.

If the head of the competent fire station orders necessary measures when fire-fighting systems, etc. fail to install, maintain, or manage them in accordance with the fire safety standards, the person related to a specific fire-fighting object shall comply therewith.

By November 15, 2014, the Defendant failed to comply with the corrective and supplementary order issued by the chief of the Shipping Department according to the result of the comprehensive and precise inspection on the apartment of this case.

2. Determination by the head of a fire headquarters or the head of a fire station shall provide that “When a fire-fighting system fails to install, maintain, or manage it in compliance with the fire safety standards, he/she may order an interested person of the relevant specific fire-fighting object to take necessary measures.” Article 48-2 Subparag. 1 of the same Act provides that “a person who violates an order issued under Article 9(2) without good cause shall be punished by imprisonment for not more than three years or by a fine not exceeding 15

However, according to the evidence submitted by the prosecutor, there is no basis to acknowledge that the defendant received the above "necessary measure order", and it is only recognized that the director of the management office of the apartment of this case received the "necessary measure order" from the chief of the shipping department around September 16, 2014 and told the defendant.

In light of the principle of clarity in the interpretation of penal provisions, it is reasonable to see that the person who violated the above order is limited to the person designated as the person responsible for the execution of the above order. In order to see the defendant as the other party to the above order, the head of the management office is nothing more than the title trustee or the head of the management office and the defendant together with the order in the future.

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