The judgment below

The guilty part shall be reversed.

The defendant is not guilty. The defendant is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Water Supply and Waterworks Installation Act by the prosecutor, the defendant is a person working in the management office of Gyeyang-gu Seoul apartment (hereinafter “the apartment of this case”). In the event that the management office does not take sanitary measures, such as disinfection of water supply facilities of the apartment of this case, the defendant is liable for the violation of the Water Supply and Waterworks Installation Act by the head of the management office of the apartment of this case pursuant to Article 83 subparagraph 6 of the Water Supply and Waterworks Installation Act. In addition, the defendant is also liable for the violation of the Water Supply and Waterworks Installation Act by a non-party under Article 86 and Article 83 subparagraph 6 of the Water Supply and Waterworks Installation Act.

Nevertheless, the judgment of the court below that acquitted this part of the facts charged is erroneous and has affected the conclusion of the judgment.

B. As to the defendant's fraud, despite the fact that the defendant did not have the intention of deception or deception, it is erroneous in the judgment of the court below which found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the fact.

2. Determination

(a) Article 33 (Sanitary Measures) (1) of the Water Supply and Waterworks Installation Act shall provide disinfection, water quality testing, and other sanitary measures with respect to waterworks (hereinafter “sanitary measures, such as disinfection”) to general waterworks business operators.

(2) The owner or manager of a building or facility that uses a large quantity of tap water (the head of a management office under Article 55 of the Housing Act for multi-family housing defined in subparagraph 3 of Article 2 of the same Act shall be deemed the manager of a building or facility, if the building or facility is a large quantity of tap water

The same shall apply to paragraphs (3) and (4) of this Article and Article 36 (1) of the same Act) shall take sanitary measures, such as disinfection of water supply facilities (excluding the part in which a general waterworks business operator has the right to manage water supply facilities).

In such cases, a general waterworks business operator may partially subsidize expenses incurred in water quality testing as prescribed by municipal ordinance of the relevant local government.

Enforcement Decree of the Water Supply and Waterworks Installation Act.