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(영문) 서울동부지방법원 2014.11.28 2014고정1759
소방시설설치ㆍ유지및안전관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a controlled entity of Gangdong-gu Seoul Building C, and Defendant A is the representative director of the above B Co., Ltd.

1. Defendant A’s above building is a specific fire-fighting object that must conduct a comprehensive safety inspection of fire-fighting systems at least once a year, and the Defendant, the representative director of B corporation, a controlled entity, conducts a comprehensive safety inspection of the fire-fighting systems of the above building until December 31, 2013, and submit a report on the result of inspection to the chief of the competent fire station within 30 days, but did not perform the above duty

2. Defendant B was a corporation with A as its representative director, and the representative, A was negligent in exercising due care and supervision over the violation of the law as prescribed in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the police investigation of the defendant A;

1. A copy of a report related to fire-fighting, a certificate of delivery of a new notice of self-inspection, a plan for guidance on visit to a new self-inspection, and a copy of a certificate of complete certification, such as a DNA safety facility

1. Application of Acts and subordinate statutes to the certified transcript of corporate register or C building aggregate register;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 49 Subparag. 4 and Article 25(1) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems and selection of fines;

(b) Defendant B stock company: Articles 52, 49 and 25 (1) of the Act on the Installation, Maintenance, and Safety Control of Fire-Fighting Systems;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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