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(영문) 부산지방법원 2013.06.13 2013고정1466
산업안전보건법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the lessee who has leased the area of 150.3 square meters on the underground floor and the second floor for the purpose of operating a Dsports hall among the buildings located in Gangseo-gu Busan Metropolitan City.

Where the total floor area of a building is at least 50 square meters and the total area of the building to be removed or dismantled is at least 50 square meters and asbestos exceeds one percent (weight percent) and the total area of the building is at least 50 square meters, the defendant shall require a person registered with the Minister of Employment and Labor to dismantle or remove the building and comply with the standards for works for dismantling or removing asbestos prescribed by Ordinance of the Ministry of Employment and Labor.

Nevertheless, the Defendant from 08:00 on August 1, 2012 to the same month.

2. From 15:30 to 15:30, the total floor area of a building is 281.37 square meters, and the area of the part to be removed or dismantled is 150.3 square meters, and asbestos is 4 percent in materials of the ceiling in the first floor above the ground, and the area is 66.98 square meters, but the person registered with the Minister of Employment and Labor has not ordered the person to dismantle or remove the asbestos, but failed to comply with the work standards prescribed by Ordinance of the Ministry of Employment and Labor (Articles 489 through 497 of the Industrial Safety Rules) such as the formulation of a plan for dismantling or removing asbestos;

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. A copy of a supervisory report, a copy of a report on the results of an asbestos inspection conducted by an institution, a report on the inspection of and reporting on an asbestos-containing case, a copy of a real estate lease agreement, and

1. Application of Acts and subordinate statutes to field photographs (six copies);

1. Article 67 subparagraph 1 of the same Act and Article 38-4 (1) of the Occupational Safety and Health Act (the occupation of dismantling or removing asbestos which is not through asbestos dismantlers or removers) concerning facts constituting an offense, Article 67-2 subparagraph 1 of the same Act and Article 67-2 of the same Act;

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