beta
(영문) 대구지방법원 2019.02.19 2018고정850

산업안전보건법위반

Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B School juristic persons are entities operating D University located in G in Gyeongsan-si, Gyeongbuk-si, and owners of school buildings, who are owners of “D University Machines and Production Technology Institute EHP (MHP) installation works.” Defendant A is the head of the environmental facility team of D University, who is the head of the environmental facility team of D University.

1. Where asbestos is included in the ceiling materials, etc. subject to the asbestos inspection by Defendant A, which intends to remove or dismantle, and the total area of the relevant materials is at least 50 square meters, the owner of the building or facility shall have a person registered with the Minister of Employment and Labor to dismantle or remove such asbestos;

From July 6, 2015 to the 10th day of the same month, the Defendant, while performing the installation of HP on a building of the mechanical pipes and the Production Technology Research Institute within the pertinent D University, had E, a stock company, which was not registered as an asbestos dismantler or removal business entity, dismantles 73.54 square meters in machine pipes and 15.32 square meters in production technology research institute.

2. Defendant B, as the owner of a corporate body, had an employee A disregistered company as asbestos dismantling or removal business entity, as described in paragraph (1) with respect to the Defendant’s work at the date and place specified in paragraph (1) above, disregistered as an asbestos dismantling or removal business entity, dismantling a astronomical tex containing at least 2-3% asbestos.

Summary of Evidence

1. Defendant A’s legal statement

1. An interrogation protocol of police officers against F and G;

1. A supervisory or inspection mark of dismantling and removing asbestos;

1. The application of Acts and subordinate statutes as a result of asbestos surveys of buildings in machine pipes, asbestos surveys of production technology institutes;

1. Article 71 of the Occupational Safety and Health Act, subparagraph 1 of Article 67, and Article 38-4 (1) of the same Act, the selection of fines for criminal facts and the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;