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(영문) 수원지방법원 평택지원 2019.01.31 2018고정302

산업안전보건법위반

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a personal business owner who has been awarded a contract for the 14.5 million won of the cost of dismantling commercial buildings located in Pyeongtaek-si B, and is in charge of the safety and health of workers working at the construction site.

A person who removes or dismantles a structure or facility containing asbestos shall comply with the working standards for dismantling or removing asbestos prescribed by Ordinance of the Ministry of Employment and Labor.

Nevertheless, on February 9, 2018, the Defendant did not install sanitary facilities, such as shower rooms, at or near the site of the building at issue. The Defendant did not close the windows, walls, floors, etc. with plastic blocking materials, such as vinyl, but did not comply with the work standards because it did not maintain the work site at a negative pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to asbestos inspection reports, business registration certificates, and contracts;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Articles 24 (1) of the same Act concerning the selection of applicable criminal facts and punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;