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(영문) 부산지방법원 서부지원 2018.02.06 2017고정350

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a personal business owner who received a verbal contract from D for the removal of asbestos in Busan Northern-gu, for the construction cost of KRW 5,00,000,000 of construction cost, using a daily worker from July 18, 2017 to July 20, 2017, and performs the dismantling of roof slate containing asbestos, and is in charge of the safety and health of employees working at the present construction work.

A person who removes or dismantles a structure or facility containing asbestos shall comply with the working standards for removal of asbestos prescribed by Ordinance of the Ministry of Labor.

Nevertheless, around 11:00 on July 19, 2017, the Defendant: (a) removed asbestos-containing asbestos slate from the site of removal of the building in Busan Northern-gu, Busan, using three workers; (b) without putting up a sign indicating the “in the process of prohibiting entry and exit of persons other than relevant persons and dismantling asbestos; and (c) without having an employee wear an adequate personal protective device; (d) without installing sanitary equipment such as shower rooms and work clothes rooms; and (e) without installing sanitary equipment such as shower rooms and work clothes rooms, the Defendant released the asbestos-containing asbestos from the floor by cutting the hacker with the hacker.

Summary of Evidence

1. Statement by the defendant in court;

1. An on-site supervision mark of asbestos dismantling and removal;

1. A report on the results of supervision;

1. Application of statutes on site photographs;

1. Article 67-2 of the relevant Act and Articles 67-2 subparagraph 1 and 38-3 of the Industrial Safety and Health Act concerning facts constituting an offense, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;