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(영문) 대구지방법원 2018.01.12 2017고정1779
산업안전보건법위반
Text

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

B From October 1, 2015 to April 2, 2017, the Defendant Company is a business owner who manages and supervises the safety and health of employees for the Defendant Company as a site commander for the maintenance of machinery transformation facilities in the D University located in Busan-si, a city of Busan-si, and the Defendant Company is a corporation incorporated on February 2, 199 for the purpose of facility management service, etc. on the second floor of the building in Daegu-gu, Daegu-gu, and entered into a contract for the maintenance and management of machinery transformation facilities with D University around October 1, 2015 and ordinarily employs 12 workers from around that day to September 30, 2017.

Defendant

A Co., Ltd. did not comply with the standards for asbestos dismantling and removal work as set out in the following items with respect to the duties of the Defendant:

(a) A business owner shall, before dismantling or removing asbestos, verify the results of an asbestos inspection conducted by a general asbestos inspection or an institution before performing works for dismantling or removing asbestos, formulate a plan for dismantling or removing asbestos, including procedures for and methods of removing asbestos, methods of preventing scattering or discarding asbestos, measures for protecting workers, and perform works accordingly;

Nevertheless, B, around October 2, 2015, intended to repair heating facilities of the building of the above D University, had workers B and F perform dismantling and removal work of tent containing asbestos in the entrance of the above D University on the first floor, but did not establish a plan for dismantling and removal work of asbestos before work. From that date to February 14, 2017, B had eight workers perform dismantling and removal work of asbestos over 31 occasions as shown in the annexed list of crimes committed in the annexed list of crimes, and failed to comply with the work standards for dismantling and removal of asbestos.

(b) A business owner shall handle or dismantle asbestos in a place where asbestos dismantling or removal works are carried out;

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