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(영문) 의정부지방법원 고양지원 2014.01.17 2013고정1860
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If B does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

B around August 201, as a field manager of A Co., Ltd. performing the “E” of the D unit located in C at the time of strike, a person who is in the position to manage the safety and health affairs of workers belonging to the said construction site.

1. While having workers engaged in dismantling or removing asbestos, Defendant B did not provide personal protective outfits, such as dustproof rain, protective clothes, protective clothes, protective clothes, protective shoes, etc.; Defendant B did not install sanitary equipment such as escape rooms, shower rooms, work clothes rooms, etc. at the place connected or recognized by the place of the business of dismantling or removing asbestos; Defendant B did not have workers engaged in dismantling or removing asbestos in a sealed container out of the work clothes room and did not have workers engaged in dismantling or removing asbestos stored in a sealed container; while performing dismantling or removing 10% of 0% of 00 asbestos, windows, walls, floors, etc. were not sealed as scepted with plastic scams, etc., and did not keep the place of work at a negative pressure.

As a result, the Defendant violated the Occupational Safety and Health Act by removing and dismantling tents containing approximately 10% of asbestos as a result of the asbestos inspection, but failing to comply with the standards for dismantling or removing asbestos as prescribed by Ordinance of the Ministry of Employment and Labor, and removing all buildings by general removal methods.

2. Defendant A, an employee of Defendant A Co., Ltd., committed a violation of the Occupational Safety and Health Act, as set forth in the preceding paragraph, against Defendant B.

Summary of Evidence

1. Defendant B’s legal statement

1. The statement concerning the defendant B in part of the protocol concerning the interrogation of suspect;

1. An asbestos inspection report;

1. An inspection mark at the site of asbestos removal;

1. Application of each statute on photographs;

1. Defendant B of the relevant law on criminal facts: Each of the subparagraphs 1 and 38-3 of Article 67-2 of the Occupational Safety and Health Act, Defendant A corporation selected as a fine: Articles 71, 67-2 subparagraph 1 and 38-3 of the same Act, and the selection of fines;

1. Aggravation for concurrent crimes;

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