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(영문) 의정부지방법원 2015.10.22 2015고정1910
산업안전보건법위반
Text

1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 25, 2014, the Defendant is a business owner who performed construction works using a worker after being awarded a contract for removal works of Gyeonggi-gun, Gyeonggi-do, and D ground structures (a total floor area of 194.4 square meters, asbestos-containing materials area of 194,4 square meters) from B, and is in charge of overall management of safety and health affairs of workers at the removal site

A person who removes or dismantles a structure or facility containing asbestos shall observe the work standards for dismantling or removing asbestos prescribed by Ordinance of the Ministry of Employment and Labor, and in detail a business owner shall verify the result of a general asbestos inspection or an asbestos inspection conducted before dismantling or removing asbestos, and shall formulate a plan for dismantling or removing asbestos, including the procedures for and methods of dismantling or removing asbestos, the methods of preventing and removing asbestos scattering or the protective measures for workers, and shall perform work in accordance with the plan; and shall not allow anyone, other than those who wear personal protective outfits, such as a protective clothes, protective clothes, protective locks, protective shoes, protective shoes, and protective shoes, to enter the workplace to perform dismantling or removing asbestos.

Nevertheless, from March 25, 2014 to April 4, 2014, the Defendant did not establish a plan for dismantling or removing asbestos, and did not take measures to prohibit entry and exit other than those who wear personal protective outfits at the roof of asbestos slate work site, and had two working workers work at the asbestos dismantling or removing work site without personal protective outfits.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of business trip;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 67-2 subparagraph 1 and 38-3 of the Occupational Safety and Health Act concerning facts constituting a crime.

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;

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