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(영문) 대구지방법원 2015.07.17 2014고정2335
소방시설공사업법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of F who is in charge of fire-fighting systems (sprink, emergency lighting, etc.) works for E and one other building in Gyeongsi-si.

Every construction business operator shall perform fire-fighting systems of specific fire-fighting objects in compliance with orders and fire safety standards under the Fire-Fighting System Installation Business or the Fire-Fighting System Installation Business Act.

Nevertheless, the Defendant violated the Fire Fighting System Installation Business Act by violating the Fire Fighting System Installation Rules by installing a sprinkler tank monitoring circuit at the water tank.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each legal statement of the witness H and I;

1. Examination protocol of a suspect of special judicial police officer against J;

1. Evidential documents, photographs of violations, applications for full inspection of fire-fighting system installation works, and contracts for construction works;

1. Application of Acts and subordinate statutes to the inquiry inquiry report by each Ministry of Public Safety and Security;

1. Article 36 Subparag. 2 and Article 12(1) of the Fire Fighting System Installation Business Act for criminal facts (the construction of sprinklers was carried out, and at the time, the Defendant and the electrical construction company, the machinery construction company, and the electrical construction company, at the time, have not been clearly determined as to the installation of a monitoring circuit for water tank storage tanks. As such, the responsibility for the failure of the monitoring circuit is required by the regulations related to the Fire Fighting System Installation Business. Electric facilities attached to the fire fighting systems in Article 2(1) [Attachment Table 1] and subparagraph 1(a)2 of the Enforcement Decree of the Fire Fighting System Installation Business Act fall under the field of machinery. The fact-finding inquiry report by each Ministry of Public Safety and Security falls under the field of machinery installed in the fire fighting systems in the field of machinery.

Therefore, if the division of duties is not clearly established with respect to the establishment of the above surveillance center, the duty to establish it.

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