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(영문) 대법원 2016.08.30 2016도9417
소방시설공사업법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, as a construction business operator who registered fire-fighting system construction business, is obligated to install a water-fighting tank surveillance circuit, which is a fire-fighting system in the field of machinery, in light of the relevant provisions of the Fire-Fighting System Business Act, but has breached the duty of installing fire-fighting systems in compliance with the fire safety standards by failing to install the sprinkler of the instant building in the course of installing

The decision was determined.

The Defendant provided that the installation of a control circuit under Article 2(1) [Attachment 1] of the Enforcement Decree of the Fire-Fighting System Construction Business Act belongs to the scope of the electricity sector even if the installation of a control circuit belongs to the fire-fighting system in the field of machinery, so the obligation to establish a water tank storage tank surveillance circuit in the field of electricity exists in the fire-fighting system construction businessman, and the lower court is obliged to establish the monitoring circuit to the Defendant who supplied fire-fighting system construction works in the field

The lower court found that it erred.

The argument is asserted.

However, in light of the relevant legal principles and evidence, the Defendant is a construction business operator who registered a specialized fire-fighting system construction business, and both the mechanical field and the fire-fighting system installation work in the field of electricity are the scope of business. On April 20, 2014, the Defendant received the instant building’s sprinking installation work independently from the Boak Integrated Construction Co., Ltd., and on May 15, 2014, the Defendant prepared an application form for completion of fire-fighting system installation inspection and submitted it to the Chief of the Mung Fire-Fighting Division even if it does not meet the fire safety standards because the storage circuit was not installed in the water tank at the water tank of the

Under these circumstances, the Defendant failed to perform the duty of installing a monitoring circuit even though he was awarded a contract for construction work in compliance with the fire safety standards, including the installation of a water tank monitoring circuit.

I would like to say.

Although the reasoning of the court below is partially inappropriate, the court below convicted of the facts charged of this case.

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