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(영문) 부산지방법원 서부지원 2019.02.22 2018고정298
산업안전보건법위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant B Co., Ltd. received a contract from C for the work of dismantling and removing asbestos at the site of DNA middle school construction, and Defendant A as a director of Defendant B Co., Ltd., supervised the above site of dismantling and removing asbestos.

Defendant

A around September 19, 2017, the Defendant neglected to comply with the work standards for dismantling or removing asbestos by neglecting residues containing asbestos in cleaning a technical room at the above construction site.

B. Defendant B’s employees, as described in paragraph (1), did not observe the work standards for dismantling or removing asbestos, as stated in the Defendant’s business.

2. The part that can be recognized based on the evidence submitted by the judgment prosecutor was found in asbestos-containing material in cleaning the technical room during the instant construction site after the Defendants completed the instant construction work.

However, considering the following circumstances revealed by the evidence duly adopted and examined by this court, it is insufficient to recognize that Defendant A committed the same offense as indicated in the summary of the above facts charged, and there is no other evidence to acknowledge it, and the facts charged against Defendant B, which is premised on Defendant A’s violation, cannot be recognized.

Defendant

Article 38-3 of the Occupational Safety and Health Act and Article 496 of the former Rules on the Standards for Occupational Safety and Health (amended by Ordinance of the Ministry of Employment and Labor No. 242, Jan. 31, 2019; hereinafter the same) of the Wastes Control Act may be deemed to be “the Defendant’s failure to comply with the above work standards” in putting the residues containing asbestos content, etc. generated in the course of dismantling or removing asbestos in vinyl or other materials similar thereto and sealing them into a plastic bag or other materials similar thereto and attaching marks in attached Form 3.”

B. The above working standards are the construction site.

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