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(영문) 대구지방법원 경주지원 2016.07.07 2016고정115

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who actually controls and manages the business and takes charge of all matters concerning the safety and health of his employees.

A person who removes or dismantles a structure or facility containing asbestos shall install sanitary equipment, such as a shower room, shower room, work clothes room, etc. in a place connected or adjacent to the place of work of dismantling or removing asbestos in order to comply with the standards for the work of dismantling or removing asbestos prescribed by Ordinance of the Ministry of Labor for employment.

Nevertheless, on January 21, 2016, when the Defendant conducted the business of removing asbestos containing asbestos in racing C with seven employees, including affiliated workers D, the Defendant did not install a sanitary equipment so that water can be supplied to the shower room, so that it could not be actually used. On January 21, 2016, the Defendant sought an explanation of the full-time work suspension order from the labor supervisor at the oral site, and received an order to suspend the full-time work by facsimile around 16:21 on January 28, 2016, the Defendant had the employees under his/her control perform the work without cancelling the improvement measures and the full-time work suspension order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Each police statement made to the defendant and E;

1. Examination of a report on the offender's place, a business trip to report the situation of danger, a written order to suspend full-time work, a severe warning of the violation of the order to suspend full-time work, a request to suspend full-time work or to cancel the full-time work suspension, a corrective order, a report on the change of the removal or removal of each tin, a report on the change of the removal or removal of each tin, a report on the change of the removal or removal of each tin, the issuance of a certificate for the report of the removal or removal of each tin, and the application of statutes

1. Article 67-2 of the Industrial Safety and Health Act concerning facts constituting an offense and Articles 67-2 and 38-3 of the same Act concerning the selective punishment;