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 the owner and management entity of the building E in Permitted-si.
On August 22, 2012, the elevator facilities of the above building failed to pass a regular inspection conducted by the Minister of Public Administration and Security on August 22, 2012, and must operate the elevator facilities again after passing a regular inspection, but the Defendant failed to implement it and operated the elevator facilities on December 5, 2013.
2. The Defendant alleged that he was not the owner of a building around the time when the facts charged were stated, and that he cannot be the subject of criminal liability because he was not the managing body of an elevator under the Elevator Facilities Safety Management Act.
3. Article 13(1) of the Act on the Safety Control of Elevator Facilities (hereinafter “Act”) provides that “The managing body of an elevator shall undergo an inspection referred to in the following subparagraphs conducted by the Minister of Security and Public Administration with respect to the relevant elevator.” Article 13(2) provides that “No managing body of an elevator shall operate an elevator which has failed to undergo, or failed to pass, an inspection under paragraph (1).” Article 25 subparag. 5 of the Act provides that “a person who operates an elevator which has failed to pass an inspection under Article 13(1) in violation of Article 13(2) shall be punished.” Thus, the managing body of an elevator shall
Article 2 subparagraph 4 of the Act provides that "the managing body of an elevator" means a person responsible for managing an elevator as an elevator owner, a person who has the responsibility and authority to safely maintain an elevator as prescribed by other Acts and subordinate statutes as an elevator manager, and a person who has the responsibility and authority to safely maintain the elevator pursuant to a contract with an elevator owner or a person designated by other Acts and subordinate statutes as an elevator manager."
4. Facts of recognition based on records.
A. On May 4, 201, the Defendant and F are related to the building (hereinafter “instant building”).