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(영문) 서울행정법원 2016.08.25 2015구합64671
소방시설관리사자격정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the representative director of the fire-fighting system management company B (hereinafter “non-party company”) and the fire-fighting system manager affiliated with the above company.

B. The Defendant: (a) took two administrative dispositions on April 8, 2015 pursuant to Article 44 [Attachment Table 8] subparagraph 2(b) of the Enforcement Rule of the Fire-Fighting System Act on the ground that the Plaintiff committed a violation falling under “where the Plaintiff failed to conduct an inspection under Article 25 or conducted a false inspection” under Article 28 subparagraph 3 of the Fire-Fighting System Act (hereinafter “Fire-Fighting System Act”) on two occasions in 2012 and once in 2014, as indicated in the following subparagraphs 1 and 2; (b) based on the Plaintiff’s history of receiving the warning disposition corresponding to the first disposition on April 23, 2014 (hereinafter “first disposition”), the Defendant suspended the qualification for the same warning disposition (hereinafter “instant warning disposition”) for the year 2012 that occurred prior to the preceding disposition; and (c) for the year 2014 that occurred after the preceding disposition, the instant disposition suspending the qualification for the instant violation (hereinafter “instant suspension disposition”).

1) The Plaintiff’s ground for the instant warning disposition is the Ulsan Jung-gu Complex Building C (hereinafter “instant building”).

(2) After conducting a comprehensive precise inspection on the first half of the year 2012 and the second half of the year 2012, the Plaintiff stated in the result of the inspection that the remuneration was completed even if the remuneration was not completed for some defective matters, and that the Plaintiff, upon the instant building, conducted a comprehensive precise inspection on the first half-yearly fire-fighting system in 2014, and conducted a comprehensive precise inspection on May 20, 2014 (3 days) even if the inspection was conducted on May 14, 2014 (3 days).

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