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(영문) 대전지방법원 논산지원 2016.04.12 2016고정10

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 constructor who was awarded a contract to “construction works to remove livestock penss” from the owner of livestock pens and warehouses in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and is a business owner who has obligation to take safety and health measures under the Industrial Safety and Health Act at the same construction site.

Before dismantling or removing asbestos, a business owner shall establish a plan for dismantling or removing asbestos and perform work in accordance therewith; 2) install a warning sign for prohibition of entry and exit at the entrance to a place where asbestos dismantling or removal works are conducted; 3) provide personal protective equipment to a place where asbestos dismantling or removal works are conducted; 4) enter a place where asbestos dismantling or removal works are conducted other than those who wear personal protective equipment; and 5) install sanitary equipment such as shower rooms, shower rooms and work pits, etc. at a place adjacent or adjacent to the place of work where asbestos dismantling or removal is conducted and equipped with necessary supplies and tools.

Nevertheless, around the end of January 2015, the Defendant: (i) did not establish a plan for dismantling or removing asbestos at the site when removing the roof slate containing asbestos; (ii) did not put up a warning sign for prohibition of entry into the entrance; (iii) did not provide personal protective equipment to workers engaged in dismantling or removing asbestos; (iv) allowed workers who did not wear personal protective equipment to enter the workplace for dismantling or removing asbestos; and (v) did not install sanitary facilities, such as escape rooms, at the asbestos dismantling or removing workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Monitoring of supervision over safety and health, and transmitting the results of analysis of asbestos-containing samples;

1. Application of Acts and subordinate statutes to general building ledgers;

1. Relevant Article of the Act and Articles 67-2 subparagraph 1 and 38-3 of the Industrial Safety and Health Act concerning facts constituting an offense;