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(영문) 부산지방법원 2013.06.11 2013고정1999

산업안전보건법위반

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant: (a) dismantled and removed the three-story walls and natural materials of buildings located in Busan-gu, Busan-gu; (b) dismantled and removed asbestos-containing materials; and (c) dismantled and removal of 20 square meters of asbestos-containing materials.

1. Where the defendant engages in dismantling or removing a building or facility containing asbestos, he/she shall formulate a work plan for dismantling or removing asbestos in advance to prevent health problems for workers caused by asbestos, and shall perform the work accordingly;

Nevertheless, the Defendant did not establish an asbestos dismantling and removal work plan while dismantling and removing asbestos in the above site, which is a building material containing asbestos.

2. The defendant shall post a warning sign at a place where asbestos dismantling or removal works are carried out;

Nevertheless, the Defendant did not post a warning sign (Prohibition of Access by Persons Other than Related Persons) while dismantling or removing asbestos-containing materials at the above site.

3. Where the defendant needs to have workers engage in works for dismantling or removing asbestos, he/she shall provide his/her personal protective outfits, such as dustproof straw, ancient-type protective design sprink, protective clothes sprinking his/her body, protective shoes, and protective shoes;

Nevertheless, the Defendant did not require workers to wear personal protective outfits, such as dustproof strings, anti-ggle protective designs, protective clothes, protective shoes, etc., while dismantling or removing a tent, which is asbestos-containing materials, at the above site.

4. The defendant shall ensure that his/her workers avoid smoking tobacco or eating food at a place of work for dismantling and removing asbestos, and post a notice of the details thereof at a place easily visible;

Nevertheless, the Defendant does work to dismantle or remove asbestos-containing materials at the above site to prevent workers from smoking tobacco or eating food.