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(영문) 서울중앙지방법원 2018.07.17 2018고정1077
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As a personal removal business operator, the defendant is a business operator who performs removal works by being awarded a contract for the removal of buildings in Jung-gu Seoul Metropolitan Government D, using one daily worker.

1. A person who removes or dismantles a structure or facility containing asbestos in violation of the standards for dismantling or removing asbestos shall comply with the standards for works for dismantling or removing asbestos;

Nevertheless, around September 1, 2017, the Defendant did not establish a plan for asbestos dismantling and removal work before performing asbestos dismantling and removal work in buildings located in Jung-gu Seoul Metropolitan Government, and did not post a sign of prohibition of entry into the entrance to the entrance, and did not provide employees with personal protective equipment, such as dustproof rain, and did not carry out damp work using water or moisture.

2. The Minister of Labor who has employed in violation of supervisory measures shall have failed to cancel or improve an imminent risk of industrial accident, or a dangerous condition; and

When it is determined, it may order the suspension of all or part of the work related to the relevant machinery and equipment, and the person in receipt of the order shall not violate the above order.

Nevertheless, at the time and place specified in paragraph 2, the Defendant continued to carry out the project to suspend dismantling or removing asbestos slate containing asbestos from a labor supervisor in the course of performing the project to remove asbestos slate, in violation of this order, even though the Defendant was ordered to suspend removing or removing asbestos slate.

Summary of Evidence

1. Statement by the defendant in court;

1. Building ledger;

1. A written order to suspend partial works;

1. Investigation report on fines for negligence;

1. Notification of the results of analysis;

1. Report on the progress of works to dismantle and remove asbestos in Jung-gu, and photographs of the completion of the removal of asbestos slate containing asbestos, or photographs of the completion of the removal of asbestos slate containing asbestos;

1. Collection and transportation of wastes;

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