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(영문) 부산지방법원 2013.09.12 2013고정836

산업안전보건법위반

Text

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

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, who performs asbestos dismantling or removal works in the computer room in Busan East-gu, Busan, and the person in charge of safety and health as the representative director of B, and the defendant B, as a corporation established for the purpose of dismantling non-system structures in the F located in Busan F, which was contracted for asbestos dismantling or removal works in the above E-middle computer room remodeling works.

Where it is intended to have workers engage in asbestos dismantling or removal work, it shall be required to wear protective clothes, protective clothes, protective clothes, protective clothes, protective shoes, and protective shoes that reduces the body of the dust-proof rain, air-conditioning, or electric respiratory protective equipment, and shall be equipped with sanitary equipment, such as escape rooms, shower rooms, work clothes, and other sanitary equipment, at the place connected or adjacent to the asbestos dismantling or removal work site, and shall be equipped with necessary goods and tools.

1. On July 30, 2012, Defendant A dissatising a ceiling containing 5% asbestos in the computer room of the second floor of the E-middle school, and did not require employees to wear personal protective equipment, such as a dustproof straw, highly groce, protective clothes, protective shoes, etc., and did not have sanitary equipment, such as a escape cell and shower room.

2. Defendant B, at the same time and place, committed the above violation against Defendant B, who is an employee of the Defendant’s business.

Summary of Evidence

1. A copy of a report on the works for dismantling or removing asbestos, a certificate of report on the works for dismantling or removing asbestos, a certificate of supervision of the sites for dismantling or removing asbestos, a certificate of suspension of partial works, a corrective order, and an amendment to the works for remodelling or removing asbestos;

1. A report on the receipt of investigative data;

1. Application of Acts and subordinate statutes concerning CCTV data in middle schools;

1. Defendant A who is subject to the relevant Article of the Occupational Safety and Health Act and who is subject to the option of punishment: subparagraph 1 of Article 67-2 and Article 38-3 of the same Act; Defendant B who is subject to a fine: the