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(영문) 울산지방법원 2018.02.20 2017고정1201

산업안전보건법위반

Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A The representative interest of Defendant B is the field manager of safety and health who exercises overall control over the overall matters of the field, such as safety and health of workers, as the site manager of the “E” located in Yangsan City, which is performed by the said company.

1. Defendant A

(a) In cases of dismantling or removing a building or facility containing asbestos, a business owner shall formulate a plan for dismantling or removing asbestos in advance to prevent the health of workers caused by asbestos, and shall perform works accordingly;

Nevertheless, on July 17, 2017, Defendant A did not establish a plan for dismantling and removing asbestos while dismantling and removing the total area of 10 square meters of asbestos-containing materials (a white e.g., white e., 5%) at the above site.

(b) A business owner shall post a warning sign at a place where asbestos dismantling or removal works are carried out;

Nevertheless, on July 17, 2017, Defendant A did not post a warning sign (Prohibition of Access other than related persons) while performing asbestos dismantling and removal work such as the above paragraph (a) at the above site.

(c)

Where a business owner needs to have workers engage in dismantling or removing asbestos, he/she shall provide personal protective outfits, such as dustproof straw, protective clothes, protective clothes, protective shoes, etc. to cover the body.

Nevertheless, on July 17, 2017, Defendant A, while carrying out asbestos dismantling and removal works as described in the above paragraph (a) at the above site, failed to provide the workers with an individual protective outfit, such as a proof string, highly string protective clothes, protective clothes, protective shoes, and protective shoes.

(d)

A business owner shall ensure that anyone other than those who are well aware of the plan for dismantling and removing asbestos and wear an individual protective outfit, such as described in the preceding paragraph (3), enters a place where asbestos dismantling and removal works are performed.

Nevertheless, on July 17, 2017, Defendant A is entitled to the above paragraph (a) at the above site.