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(영문) 수원지방법원 2018.03.21 2017구단9535
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 4, 2009, the Plaintiff completed asbestos dismantling works (hereinafter “the instant construction”) from October 10, 2017 to October 31, 2017, the company registered as asbestos dismantlers or removers, and from October 31, 2017, the Plaintiff completed asbestos dismantling works (hereinafter “the instant construction”).

B. Before performing the instant construction work pursuant to Article 38-4(3) of the Occupational Safety and Health Act, the Plaintiff should prepare and submit a report to the head of the Seoul Regional Employment and Labor Agency, the head of the local employment and labor office having jurisdiction over the instant construction site, but did not do so

C. The head of the Seoul Western District Office at the construction site of Seoul Regional Employment and Labor Agency confirmed the detection of white asbestos in this case and discovered the completion of asbestos dismantling or removal works without reporting by the Plaintiff while inspecting the site. The Plaintiff was subject to the imposition of an administrative fine of KRW 480,00 on the ground that the Plaintiff failed to report under Article 38-4(3) of the Occupational Safety and Health Act.

On November 22, 2017, the Defendant notified the head of the Seoul Western District Office of the detection of the Plaintiff’s failure to comply with the obligation to report asbestos works, and issued a disposition on November 22, 2017 on the ground that the Plaintiff did not meet the obligation to report the registered company under the Occupational Safety and Health Act (hereinafter “instant disposition”).

E. The building of the instant construction is the total floor area of 249.22 square meters and the area of asbestos is 79 square meters.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1, 2, 3, 4, Eul evidence 1 through 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the following circumstances, the Plaintiff’s assertion of this case is an illegal disposition that deviates from and abused discretion.

1) The Plaintiff, along with the instant disposition, received the imposition of an administrative fine of KRW 480,00,000, and received double payment, and received excessive disposition. (2) The Plaintiff is obligated to report the dismantling or removal of asbestos.

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