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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Defendant: (a) ordered C to repair housing (136.6 square meters) located in Jeonsung-gun, Jeonsung-gun, his own ownership, and to remove livestock pens, etc. (26.63 square meters).
(hereinafter “instant construction project”). (b)
C On October 24, 2014, the Plaintiff employed the Plaintiff as a daily worker for the instant construction work, and had the Plaintiff dismantle asbestos slate from 6:30 to 8:30 on the day without providing the protective equipment, such as dust dust straws, to the Plaintiff.
C. On December 18, 2014, C, as a business owner, has been issued a summary order of KRW 1,00,000 as a fine for violation of the Occupational Safety and Health Act on the ground that C was not carried out with respect to the revoked roof materials without setting up a work plan, ② not posting a warning sign, ③ not installing a sanitary equipment, ④ not installing a sanitary equipment, ⑤ not carrying out damping operations on the revoked roof materials, and ⑤ not sealed and disposed of the residues materials, and issued a summary order of KRW 1,00,000 as a fine for violation of the Occupational Safety and Health Act.
(Court 2014 Highest 16513) d.
Where the defendant intends to remove or dismantle a building or facility from the Gwangju Regional Employment and Labor Office on December 2014, he/she shall conduct an inspection on the following matters (hereinafter referred to as "general asbestos inspection"), as prescribed by Ordinance of the Ministry of Employment and Labor, and record and keep the results thereof:
1. Whether the relevant structure or facility contains asbestos;
2. The person was imposed an administrative fine of KRW 480,00 on the ground that the building was removed or dismantled without conducting a general asbestos inspection of the kind, location, and size of material containing asbestos in the relevant building or facility.
After the imposition agency, the instant housing and livestock pens, etc. shall be governed by Article 38-2 (2) of the Occupational Safety and Health Act and Article 30-3 (1) of the Enforcement Decree of the same Act.