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The Defendants are not guilty.
Reasons
1. The summary of the facts charged is that Defendant A Co., Ltd. established August 1, 2003 for the purpose of collecting and transporting designated wastes in Gangnam-gun C, Southern-gun, and is a business owner who employs five full-time workers.
Defendant
B is a person in charge of safety and health management who exercises overall control over and manages the affairs concerning safety and health of employees under his/her control at the site of “E and 1 teaching (F seconds)-designated waste removal works (hereinafter “instant construction works”) located in Gangnam-gun, Gangnam-gun, Seoul Special Metropolitan City.”
(a) Defendant B’s business owner shall put residuess, etc. containing asbestos generated in the process of dismantling or removing asbestos in plastic bags or other materials similar thereto and seal them and treat them in accordance with the Wastes Control Act with a mark at the time of treatment of residuess, etc. containing asbestos;
Nevertheless, on September 14, 2017, the above construction site did not comply with the regulations on the treatment of residues containing asbestos, etc. by ensuring that residues contained in asbestos remain in the library frame and floor, health room floor, and multi-purpose window frame.
Accordingly, the Defendant did not take necessary measures to prevent industrial accidents in carrying out the business.
B. Defendant A Co., Ltd. did not take necessary measures to prevent industrial accidents as set forth in paragraph (1) in relation to the Defendant’s business at the time and place described in paragraph (a).
2. The part that can be recognized by the evidence submitted by the Prosecutor was found in the part of the construction site of this case after the Defendants completed the instant construction work.
However, in light of the following circumstances revealed by the evidence duly adopted and investigated by this court, Defendant B committed the same offense as indicated in the summary of the above facts charged.
There is insufficient evidence to recognize it and there is no other evidence to recognize it.