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(영문) 부산지방법원 2013.04.10 2013고정721

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 as the representative director of Defendant B, Defendant B is the field safety and health manager of Defendant B’s removal of the building.

1. Defendant A

(a) When the defendant requires workers to engage in the asbestos dismantling or removal work, he/she shall provide protective outfits, such as dustproof straws, anti-gle protective designs, protective decorations, etc., to wear them;

Nevertheless, on July 16, 2012, the Defendant did not provide workers at the site of the asbestos dismantling or removal work, with protective outfits, such as Jinmast, Gogle-type protective design, protective wallets, etc.

(b) The defendant shall post a notice at a place where it is easy to see that a worker does not smoke or drink tobacco at the asbestos dismantling or removal site.

Nevertheless, on July 16, 2012, the Defendant did not post a notice at a place easily visible to prevent workers from smoking tobacco or eating food at the place of asbestos dismantling or removal work.

(c) The Defendant shall install sanitary facilities, such as escape rooms, shower rooms, work clothes rooms, etc., at or near the site of asbestos dismantling or removal work site, and install necessary goods and tools.

Nevertheless, on July 16, 2012, the Defendant did not install sanitary facilities at the adjoining place of the asbestos dismantling or removal site.

2. Defendant B Co., Ltd. was a corporation established for the purpose of construction business, etc., and A, who acts for the above Defendant at the date and place specified in paragraph (1), committed an illegal act like the preceding paragraph with regard to the Defendant’s business

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of one letter of corrective order, one letter of corrective order, one letter of confirmation, one sheet of supervision and removal of asbestos, and four copies of relevant photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 1 of Article 67-2 of the Industrial Safety and Health Act and Article 38-3 of the same Act;

(b) Defendant B: Articles 71, 67-2 subparag. 1, and 38-3 of the Industrial Safety and Health Act;

1. Punishment;