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(영문) 인천지방법원 2015.08.13 2015구합50829
업무정지처분취소
Text

1. The Defendant’s business suspension indicated in the [Attachment 1] List against the Plaintiff on February 23, 2015.

Reasons

1. The number of workers at the place of business of the Security and Support Center for Disposition: 50,000 The Industrial Health Center for the 50,000 Ansan Industrial Health Center for the 250,000 Gyeonggi Industrial Health Center for the 40,000;

A. The Plaintiff is a specialized health management institution designated by the Minister of Employment and Labor that specializes in health management business, and the Plaintiff is entitled to be entrusted with health management duties according to the human resources and facilities of each center operated by the Plaintiff, and is authorized to engage in health management duties only to the extent designated.

The Gyeonggi Industrial Health Center, the Ansan Industrial Health Center, and the Gyeonggi Industrial Health Center operated by the Plaintiff (hereinafter referred to as the “each center of this case”) shall be designated as follows:

B. As a result of the inspection by the Defendant around December 2014, each of the instant centers was found to have been entrusted with the duties of a health manager in excess of the limit designated between January 2012 and October 2013 as follows:

(hereinafter referred to as “the excess of each designated limit of this case”).

Accordingly, on February 23, 2015, the Defendant rendered each of the instant dispositions to suspend the duties of each of the instant centers against the Plaintiff for one month pursuant to Articles 16(3) and 15-2(1)4 of the Occupational Safety and Health Act, on the ground that excess designated by each of the instant centers was committed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether each disposition of this case is lawful

A. The Plaintiff’s assertion that each center of this case did not exceed the designated limit due to unavoidable circumstances, which exceeded the limit of designation due to unavoidable circumstances, is insignificant, since 2014, each center is operated without exceeding the designated limit, and a long time has already occurred from the time of the violation, which may cause serious inconvenience to users or harm to public interest, and the employer is also during the suspension period of business of the respective center of the Plaintiff.

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