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(영문) 서울남부지방법원 2013.11.01 2013고정2574

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the chief of the general affairs of Defendant B, who exercises overall control over the safety and health of the company according to the delegation by the representative director. Defendant B is a corporation that runs four business places including lease factory management using approximately 58 full-time employees.

1. Defendant A

A. From October 4, 2012 to October 5, 2012, the Defendant performed the work of dismantling and removing asbestos slate from the front roof of a factory containing asbestos at a factory located in Guro-gu Seoul Metropolitan Government DD, and performed the work of dismantling and removing asbestos on his/her own in spite of the need to perform the work of dismantling and removing asbestos in the case where asbestos exceeds 1% on the roof materials, etc. to be removed and dismantled as an institution asbestos inspection and the total area of such materials exceeds 50 square meters.

According to Article 26 of the Asbestos Safety Management Act, Article 37 (4) 4 of the Enforcement Decree of the same Act, and Article 3 (1) of the Framework Act on the Management of Disasters and Safety, asbestos inspection may not be conducted in cases of collecting, transporting, storing, and disposing of asbestos slate damaged or destroyed by a disaster, such as typhoons. However, the work performed by the Defendant A is not the work of collecting, transporting, storing, and disposing of asbestos slate, but the work performed by the Defendant A is still an engine

B. In performing the above asbestos dismantling or removal work, the Defendant: (a) failed to perform the work in accordance with the procedure and method of asbestos dismantling or removal work; (b) the method of preventing and removing asbestos; and (c) the plan for asbestos dismantling or removal work that includes workers’ protective measures; and (c) failed to perform the work in spite of posting a warning sign at the entrance to the place where asbestos dismantling or removal work is carried out; and (d) required workers to engage in the asbestos dismantling or removal work.