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(영문) 대전고등법원 2019.10.16 2019누11284
벌점부과처분 취소
Text

1. The judgment of the court of first instance is modified as follows.

Defendant on April 11, 2018, Plaintiff B, C, D, E, and others.

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in the corresponding part of the judgment of the court of first instance (from the third to fourth 3 to the fourth 10 e.g.), and therefore, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The reasons why the court should explain this part of the plaintiffs' assertion are as stated in the corresponding part of the judgment of the court of first instance (from 7 to 5 inclusive). Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(b) as shown in the attached Form of the relevant statutes.

C. 1) With respect to the existence of the grounds for disposition, the part of the “fire escape stairs design neglect” part (1) which designed the fire escape stairs as a protruding stairs is identical to the part corresponding to the judgment of the court of first instance (from 6th to 8th 11th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.

Article 9(3) of the Rules on the Standards for Escape, Fire-Fighting Structure, etc. of Buildings (hereinafter “instant Rules”) shall be amended by “Article 9(3) of the Rules on the Standards for Escape, Fire-Fighting Structure, etc. of Buildings (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 433, Jan. 6, 2012; hereinafter “instant Rules”)” from one to seven pages following the first instance judgment.

(2) According to Article 35 of the former Enforcement Decree of the Building Act, which provides for the installation of escape stairs on the escape floor of escape stairs, and Article 9(1) and 9(2)1(f) of the instant Rule based on its delegation, direct stairs leading to the escape floor from the second and lower floors above the underground floor to the escape floor should be installed as escape stairs or special escape stairs, and the entrance leading to the escape room inside the building to the escape room.

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