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(영문) 울산지방법원 2015.01.30 2014고정2078
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who served as the representative director of the corporation B.

Where an asbestos inspection by an institution contains asbestos of at least the content and size prescribed by Presidential Decree, the owner, tenant, etc. of a building or facility shall require a person registered with the Minister of Employment and Labor (hereinafter referred to as "person engaged in dismantling or removing asbestos") to dismantle or remove such asbestos.

On June 13, 2014, the Defendant removed all buildings with a total floor area of 255.96 square meters in Ulsan-gu, Seoul-gu, Co., Ltd., Ltd. (hereinafter “B”), and ordered an asbestos dismantling or removal business operator registered with the Minister of Employment and Labor at the time of dismantling or removing asbestos, even though it is based on the total area of 67.85 square meters in a tent containing 3% asbestos, the Defendant had an employee who did not registered with the Minister of Employment and Labor perform dismantling or removing asbestos.

Summary of Evidence

1. Defendant's legal statement;

1. Receipt of reports on demolition of buildings and notification thereon;

1. Asbestos inspection report;

1. Application of Acts and subordinate statutes to investigation reports (report accompanying a certified transcript of the corporate register);

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Articles 38-4 (1) of the same Act concerning the selection of applicable criminal facts and punishment;

1. Articles 70 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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