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(영문) 부산지방법원 2015.08.13 2015고정1543
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

An interested person of a specific fire-fighting object shall conduct regular self-checks on fire-fighting systems, etc. installed in the object thereof or have a manager or technical qualification prescribed by Ordinance of the Ministry of Security and Public Administration conduct regular

Nevertheless, the defendant did not conduct a regular self-inspection on the above hospital in 2012 and 2013 as the owner and manager of the Dvalescent hospital, which is a specific fire-fighting object in Busan Jung-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A letter requested for entry in violation of fire-fighting-related Acts and subordinate statutes;

1. The Defendant asserts that the above building is not a specific fire-fighting object requiring regular inspection of the fire-fighting system, since the building ledger, certificate of closure of business, certificate of establishment of medical institution, certificate of registry of the building, copy of the land register, copy of the register of the corporation register [the Defendant was in a state of non-business since he did not run the above building in 2012 and 2013]. According to the evidence of the judgment, the Defendant asserted that the above building is the owner of the building in 2012 and 2013; the Defendant changed the purpose of use of the above building to a convalescent hospital at the facility for the elderly and children on January 26, 2012; the Defendant established the E Medical Consumer Association on September 20, 2012 to operate the convalescent hospital and was appointed as the president on September 10, 2013.

The purpose of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems is to contribute to the promotion of public safety and welfare by prescribing necessary matters concerning the installation and maintenance of fire-fighting systems, etc. and the safety management of fire-fighting properties in order to protect people's lives, bodies, and property from fires, calamities, disasters, and other emergency situations. If an emergency situation, such as a fire, occurs, it shall be exposed to such danger.

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