beta
(영문) 광주지방법원 2019.06.13 2018노3196

산업안전보건법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, Defendant B from July 21, 2017 to the same year.

7. By December 24, 200, the court below acquitted the Defendant of the facts charged in this case, on the ground that it did not comply with the work standards for dismantling or removing asbestos by making asbestos content residues left on the 4-1st class floor, 5-1st class floor, 5-1 class floor, hallway, 1-1 class floor, and 1-1 class floor at the scene of “E-designated waste removal construction work” in Gangnam-gu, Gangnam-do, Gangnam-gun, Seoul, and that it did not comply with the asbestos content work standards. Thus, the court below

2. Determination

A. The summary of the facts charged in the instant case is a corporation established for the purpose of construction business in the Nam-gun, Namnam-gun on May 27, 1992, and Defendant B, as the representative director of the corporation A, is a person in charge of safety and health management who exercises overall control over and manages affairs concerning safety and health of employees belonging to the corporation at the site of “the removal of designated wastes of the E teacher” in Gangnam-gun, Gangnam-gun, Seoul

1) A person who removes or dismantles a structure or facility containing asbestos in Defendant B shall seal residuess containing asbestos generated in the process of dismantling or removing asbestos in vinyls or other materials similar thereto with a sign at the time of treating asbestos-containing residues, etc. and treat them in accordance with the Wastes Control Act.

Nevertheless, the defendant from July 21, 2017 to the same year.

7. Until December 24, 200, the designated waste removal work site of the above building, the class floor of the 4-1st class, the class floor of the 5-1st class, the corridor window, and the class floor of the 1-1st class class did not comply with the work standards for dismantling or removing asbestos by ensuring that the asbestos content remains.

2) The date, time, and place specified in paragraph (1) of this Article, B, the representative of the defendant, committed a violation as described in paragraph (1) with respect to the defendant’s business.

B. The lower court’s determination is based on the evidence adopted.

참조조문