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(영문) 부산지방법원 2016.05.26 2015노3972
소방시설공사업법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) is that the electricity room and power generation room of E, in which the clean fire extinguishing equipment of this case is installed, is less than 300 square meters and the floor area of which is less than 300 square meters and is not subject to the application of the fire safety standards of the old clean fire extinguishing equipment in

Even if a fire-fighting system is not in violation of Article 12 (1) of the Construction Business Act.

In addition, even if the fire safety standard is applied to the installation of the clean fire extinguishing equipment of this case, the Defendants only installed differently from the design drawing of the water operation of the clean fire extinguishing medicine of this case. It cannot be said that the above fire safety standard has been violated, and the place installed differently from the design drawing also complies with the above fire safety standard. Thus, the Defendants cannot be deemed to have constructed the clean fire extinguishing equipment of this case in violation of the fire safety standard.

2. Determination

A. The summary of the facts charged is that Defendant B is a corporation established for the purpose of eight kinds of businesses such as fire-fighting system construction business, and Defendant A is the representative director of the B corporation.

Any person who has his/her fire-fighting system construction business registered shall install the fire-fighting system construction business in compliance with orders and fire safety standards under law of fire-fighting system construction business.

Defendant

A, in 2014, the construction of automatic fire detection equipment, visual alarm, clean fire extinguishing medicine operation location, etc. in the construction site of the new E in Busan, Seo-gu, Busan, and the construction of clean fire extinguishing medicine operation unit was carried out inside the power generator, unlike the design drawings to be constructed at the main entrance of the power generator at the construction of the clean fire extinguishing medicine operation box in the underground floor.

Defendant

B A, a representative director, committed the above-mentioned violation in relation to the defendant's business.

B. The lower court determined that the Defendants made some of the statements in the lower court’s court court’s trial, and the police interrogation protocol against F.

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