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(영문) 대법원 2019.07.25 2019도7302
소방시설공사업법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1.(a)

The former Fire-Fighting System Installation Business Act (amended by Act No. 12938, Dec. 30, 2014; hereinafter “Fire-Fighting System Installation Business Act”) provides that “The purpose of this Act is to ensure public safety from fire and contribute to the national economy by providing for matters necessary for the sound development of fire-fighting system business and the management of fire-fighting technology” (Article 1); “fire-fighting system business” refers to a person who has registered fire-fighting system business pursuant to Article 4 to operate fire-fighting system business (Article 2(1)1); “fire-fighting system business” means a person who designs, constructs (the installation, extension, installation, relocation, and maintenance of fire-fighting systems according to design and drawings).

(Article 2(1)2) and Article 4(1) of the Fire Fighting System Installation Business Act provides that “A person who designs, constructs, or supervises a fire-fighting system of a specific fire-fighting object shall register the fire-fighting system business with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor, with capital prescribed by Presidential Decree (in cases of individuals, referring to the appraised value of assets) and technical personnel prescribed by Presidential Decree for each type of business.” Article 35 of the same Act

In addition, Article 21 of the Fire-Fighting System Installation Business Act provides that "related persons or project owners of specific objects of fire-fighting shall contract to a construction business operator (a person who has registered a fire-fighting system business pursuant to Article 4 (1)) when they contract fire-fighting system installation business." Article 22 (1) of the Act provides that "in order to protect the trust of the project owner for a fire-fighting system business operator and guarantee appropriate construction, the fire-fighting system installation business operator frequently subcontracts the construction of

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