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(영문) 대구지방법원 2014.12.19 2014고정609

산업안전보건법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

As a personal construction business operator operating a building demolition business, the Defendant is a person in charge of controlling and supervising all matters concerning safety and health of the employees under his/her control, who constructed a building removal project with two regular workers from November 28, 2012 to December 12, 2012.

On November 29, 2012, the Daegu Regional Employment and Labor Office notified that asbestos dismantling or removal work is performed without complying with the standards for asbestos dismantling or removal work, and implemented the supervision of the construction site at the above construction site.

1. In cases where it is intended to have workers engage in the work of dismantling or removing asbestos, it shall be necessary to provide protective outfits, such as anti-proof rain, air conditioners, electric respiratory protective outfits, protective clothes in which the body is sealed, protective locks, protective shoes, protective shoes, etc. and wear protective outfits;

The Defendant did not pay two workers, such as D, etc. of the asbestos dismantling or removal work at the construction site, the protective clothes, protective shieldss, and protective shoes to cover the body of the air-proof rain, air-driven or electric respiratory protective devices for asbestos dismantling or removal work.

2. In the case of dismantling a wall containing asbestos, a floor bed, or a tent, work shall be carried out damply by using water or damp leaps, and windows, floors, etc. shall be sealed with an combustibility blocking material, such as vinyl;

Nevertheless, the Defendant, while dismantling the ceiling materials of the first floor in the above field, did not work as damply and did not take measures for smuggling.

In addition, the dismantled roof materials should not be thrown away or demolished directly to the ground in the case of dismantling or removing the roof materials containing asbestos, and even though it is necessary to carry out damp work using water or damp leaps, it did not comply with the standards while dismantling the roof slate of the second floor at the same site.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Supervision or check of the asbestos dismantling site;

1. Application of Acts and subordinate statutes on site photographs.