ACT ON THE ESTABLISHMENT OF SAFE LABORATORY ENVIRONMENT
Act No. 7425, Mar. 31, 2005
Amended by Act No. 8852, Feb. 29, 2008
Act No. 10088, Mar. 17, 2010
Act No. 10445, Mar. 9, 2011
Act No. 10446, Mar. 9, 2011
Act No. 10874, Jul. 21, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12873, Dec. 30, 2014
Act No. 14079, Mar. 22, 2016
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to efficiently manage research resources and thereby to contribute to the revitalization of scientific and technical research and development activities by ensuring the safety of laboratories in the fields of science and technology established in a university, research institute, etc. and ensuring proper compensation for damage caused by a laboratory accident.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10446, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12873, Dec. 30, 2014; Act No. 14079, Mar. 22, 2016; Act No. 14839, Jul. 26, 2017>
| 1. | The term "university, research institute, etc." means any of the following: |
| (a) | A college, industrial college, college of education, junior college, and technical college referred to in Article 2 of the Higher Education Act, a graduate school referred to in Article 29 of the same Act, a graduate school university or college referred to in Article 30 of the same Act, a graduate school university or college referred to in Article 33 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., a polytechnic college established under Article 39 of the Act on the Development of Vocational Skills of Workers, the Korea Advanced Institute of Science and Technology established under the Korea Advanced Institute of Science and Technology Act, the Gwangju Institute of Science and Technology established under the Gwangju Institute of Science and Technology Act, and the Daegu-Gyeongbuk Institute of Science and Technology established under the Daegu Gyeongbuk Institute of Science and Technology Act; |
| (b) | A national or public research institute; |
| (f) | A corporate research institute in the fields of science and technology established pursuant to the Civil Act or other Acts; |
| 2. | The term "laboratory" means a laboratory, a practical room, and a preparation room for experiments equipped with a facility, equipment, and research materials, established by a university, research institute, etc. for research and development activities in the fields of science and technology; |
| 3. | The term "head of a research entity" means the representative of a university, research institute, etc. or the owner of a relevant laboratory; |
| 3-2. | The term “manager of a safe laboratory environment” means a person assisting the head of a research entity and guiding a laboratory safety manager for technical matters related to a safe laboratory; |
| 3-3. | The term “laboratory director” means a person directly guiding, managing, and supervising research and development activities in the fields of science and technology, and persons engaged in research activities in a laboratory; |
| 3-4. | The term “laboratory safety manager” means a person conducting safety management and prevention of accidents in laboratories; |
| 4. | The term "persons engaged in research activities" means researchers, college students, graduate school students, research assistants, etc. engaged in research and development activities in the fields of science and technology in a university, research institute, etc.; |
| 5. | The term "safety inspection" means an act of inspecting risk factors existing in a laboratory by a person having experience and technology with the naked eye or inspection instruments, etc.; |
| 6. | The term "thorough safety inspection" means an inspection and assessment conducted by a person who meets the standards or qualification requirements prescribed by Presidential Decree for the purpose of detecting any potential danger and establishing measures for the improvement thereof, in order to prevent the occurrence of any accident in a laboratory; |
| 7. | The term "laboratory accident" means that a person engaged in research activities suffers a loss in life or body, such as an injury, disease, physical disability, or death, in connection with the research activities in a laboratory, or that facilities, equipment, etc. in a laboratory are damaged; |
| 8. | The term "serious laboratory accident" means a laboratory accident, the degree of loss or damage by which is serious, as prescribed by Ordinance of the Ministry of Science and ICT; |
| 9. | The term “hazard factor” means any factor that could cause an accident, such as chemical or physical risk factors; |
| 10. | The term “preliminary risk analysis of hazard factors” means a preliminary analysis of hazard factors conducted before commencing research and development activities. |
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to any laboratory established by a university, research institute, etc. in order to carry out research and development activities: Provided, That this Act may not apply, in whole or in part, to a laboratory prescribed by Presidential Decree in view of the type, size, etc. of a laboratory. |
| (3) | Deleted. <by Act No. 8852, Feb. 29, 2008> |
| Article 4 (Responsibility of Government) |
| (1) | The Government shall formulate and execute necessary policies, such as supporting research activities to ensure safe laboratory environments. |
| (2) | The Government shall promote research and development to advance safety management technologies, and prevent accidents in laboratories, and pro-actively devise support policies to create safe laboratory environments, such as by developing and disseminating standardized safety management protocols and teaching materials for safety education for each type of laboratory. <Amended by Act No. 12873, Dec. 30, 2014> |
| (3) | The Government may investigate the current level of a safety of laboratory environments and the safety management of universities, research institutes, etc., as prescribed by Presidential Decree, and publicly announce the findings therefrom. <Newly Inserted by Act No. 10446, Mar. 9, 2011> |
| (4) | The Minister of Education shall require universities to include the details of safety management in their information disclosure to ensure safety in the laboratories of such universities. <Newly Inserted by Act No. Act No. 12873, Dec. 30, 2014> |
| Article 4-2 (Master Plans to Create Safe Laboratory Environments) |
| (1) | Every five years, the Government shall formulate and implement a master plan to create safe laboratory environments (hereinafter referred to as “master plan”) to prevent accidents and create a safe research environment in laboratories. |
| (2) | Master plans shall be confirmed after deliberation thereon by the Laboratory Safety Deliberative Committee established under Article 4-3. The same shall also apply to any amendment thereto. |
| (3) | Master plans shall include: |
| 1. | Goals for development, and basic direction-setting for policies to create safe laboratory environments; |
| 2. | Research and development to advance safety management technologies and to prevent accidents in laboratories; |
| 3. | Development of standardized safety management protocols for each type of laboratory; |
| 4. | Development and dissemination of teaching materials for, and provision of safety education, about laboratories; |
| 5. | Promotion of informatization on safe laboratory management; |
| 6. | Operation of a system for certifying exemplary laboratories in safety management; |
| 7. | Promotion of projects to create and improve safe laboratory environments; |
| 8. | Designation and operation of regional safe research support centers under Article 18-3; |
| 9. | Protection and enhancement of the safety and health of persons engaged in research activities; |
| 10. | Other important matters for preventing laboratory accidents and creating safe environments. |
| (4) | The formulation and implementation of master plans, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
| Article 4-3 (Laboratory Safety Deliberative Committee) |
| (1) | A Laboratory Safety Deliberative Committee (hereinafter referred to as “Deliberative Committee”) shall be established under the jurisdiction of the Ministry of Science and ICT to deliberate on the following matters regarding creation of safe laboratory environments: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Formulation and implementation of master plans; |
| 2. | Overall control and coordination of important policies on the creation of safe laboratory environments; |
| 3. | Development and dissemination of standardized safety management protocols and teaching materials for safety education for each type of laboratory; |
| 4. | Prevention of laboratory accidents and measures to be taken in such laboratory accidents; |
| 5. | Preparation and amendment of guidelines for safety inspections and thorough safety inspections; |
| 6. | Other matters tabled by the chairperson of the Deliberative Committee about the creation of safe laboratory environments. |
| (2) | The Deliberative Committee shall be comprised of up to 15 members, including a chairperson. |
| (3) | The Deliberative Committee shall be headed by the Vice-Minister of Science and ICT, and the members shall be appointed by the Minster of Science and ICT from among persons with abundant knowledge and experience in the fields of safe laboratory. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | The composition and operation of the Deliberative Committee, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
| Article 4-4 (Informatization of Safe Laboratory Management) |
| (1) | The Minister of Science and ICT shall collate statistical data on laboratory accidents, information about safe laboratory policies, hazard factors in laboratories, etc., (hereinafter referred to as “information on laboratory safety”) and systematically manage such data and information to create safe laboratory environments and to prevent accidents. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall establish and operate a laboratory safety information system to systematically manage information on laboratory safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | The laboratory safety information system shall be operated in conjunction with the regional safe research support centers designated under Article 18-3. |
| (5) | The Minister of Science and ICT may request necessary data from the heads of related central administration agencies, related institutions, and organizations, to establish the laboratory safety information system. <Amended by Act No. 14839, Jul. 26, 2017> |
| (6) | The scope for establishing the laboratory safety information system, operational procedures, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
| Article 5 (Responsibility of Heads of Research Entities) |
Each head of a research entity shall be responsible for ensuring safe laboratory environments by thoroughly maintaining and managing safety, and preventing accidents in the relevant laboratory.
<Amended by Act No. 12873, Dec. 30, 2014>
CHAPTER II SAFETY MEASURES FOR LABORATORIES
| Article 5-2 (Designation and Operation of Laboratory Directors) |
| (1) | The head of a research entity shall designate a laboratory director, as prescribed by Presidential Decree, in the relevant laboratory to prevent laboratory accidents and ensure the safety of persons engaged in research activities. |
| (2) | Each laboratory director shall be responsible for education and the safety of research and development activities conducted in the laboratory under his/her responsibility. |
| (3) | Each laboratory director may designate a laboratory safety manager to efficiently perform safety management duties in the relevant laboratory. In such cases, the laboratory safety manager shall be designated from among persons engaged in research activities. |
| (4) | Each laboratory director shall provide education regarding the hazard factors of the relevant laboratory, to persons engaged in research activities. |
| (5) | Each laboratory director shall conduct a preliminary risk analysis of hazard factors, as prescribed by Presidential Decree, and submit a report thereon to the head of the relevant research entity. |
[This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
| Article 6 (Formulation, Observance, etc. of Safety Management Regulations) |
| (1) | In order to maintain and manage the safety of a laboratory, the head of the relevant research entity shall formulate safety management regulations that include the following, and post or keep the same in each laboratory and inform persons engaged in research activities thereof: <Amended by Act No. 10446, Mar. 9, 2011; Act No. 12873, Dec. 30, 2014> |
| 1. | Matters concerning the safety management organization and the duties thereof; |
| 2. | Matters concerning the authority and responsibility of a manager of a safe laboratory environment and a laboratory director, and appointment of a laboratory safety manager; |
| 3. | Matters concerning the provision of regular safety education; |
| 4. | Installing or affixing safety marks in a laboratory; |
| 5. | Matters concerning emergency measures and outline for action in a laboratory accident or serious laboratory accident (hereinafter referred to as "accident"); |
| 6. | Matters concerning investigations into an accident and establishment of follow-up measures; |
| 7. | Matters concerning the appropriation and use of laboratory safety management expenses; |
| 8. | Matters concerning safety management for each type of laboratory; |
| 9. | Other matters concerning safety management. |
| (2) | The head of a research entity and persons engaged in research activities shall conscientiously observe the safety management regulations formulated under paragraph (1). |
| (3) | The head of a research entity may constitute and manage a laboratory safety management committee in order to consult on important matters related to a safe laboratory environment. |
| (4) | The laboratory safety management committee shall deliberate on the following: <Amended by Act No. 10446, Mar. 9, 2011> |
| 1. | Formulation of, or amendment to, the safety management regulations under paragraph (1); |
| 2. | Formulation of a safety inspection plan under Article 8; |
| 3. | Formulation of a thorough safety inspection plan under Article 9; |
| 4. | Other important matters concerning improving the safety of a laboratory environment; |
| (5) | A laboratory safety management committee shall be comprised of at least 1/2 of persons engaged in research activities in the relevant university, research institute, etc. |
| (6) | No head of a research entity shall accord disadvantageous treatment to any member by reason that he/she has engaged in appropriate activities as a laboratory safety management member. |
| (7) | Detailed standards regarding the kind and size of laboratories required to formulate the safety management regulations under paragraph (1), and the formation and operation of the laboratory safety management committee under paragraphs (3) and (4), and other matters, shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 6-2 (Appointment of Managers of Safe Laboratory Environments) |
| (1) | The head of a research entity shall appoint a manager of a safe laboratory environment to assist him/her on technical matters related to laboratory safety, or to guide a laboratory safety manager as follows. In such cases, he/she shall separately appoint a person in charge of the safety management for a branch school or branch institute, if such exists: <Amended by Act No. 12873, Dec. 30, 2014> |
| 1. | Where less than 1,000 persons engaged in research activities thereat: at least one person; |
| 2. | Where at least 1,000 but below 3,000 persons engaged in research activities thereat: at least two persons; |
| 3. | Where at least 3,000 persons engaged in research activities thereat: at least three persons. |
| (2) | The manager of a safe laboratory environment shall either hold the national technical qualification related to the safety management technology under the National Technical Qualifications Act or have the level of education or career experience related to the safety management technology, and persons that meet the requirements prescribed by Presidential Decree. <Newly Inserted by Act No. 12873, Dec. 30, 2014> |
| (3) | Matters necessary for designating mangers of a safe laboratory environment, and their duties shall be prescribed by Presidential Decree. <Amended by Act No. 12873, Dec. 30, 2014> |
[This Article Newly Inserted by Act No. 10446, Mar. 9, 2011]
| Article 6-3 (Certification of Exemplary Laboratories in Safety Management) |
| (1) | The Minister of Science and ICT may certify exemplary laboratories in safety management (hereafter in this Article, referred to as “certification”) to strengthen laboratories’ capability for safety management, and to discover and disseminate the standard model. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | A laboratory that intends to obtain certification shall apply for certification to the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Requirements, procedures, and methods for, and the effective period of certification, and other matters necessary for administering the certification system, shall be prescribed by Presidential Decree. |
| (4) | The Minister of Science and ICT may revoke certification of any person who falls under any of the following cases: Provided, That he/she must revoke certification in cases falling under subparagraph 1: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Where he/she has obtained certification by fraudulent or other unlawful means; |
| 2. | Where he/she has not engaged in research and development activities for at least one year for no justifiable reason; |
| 3. | Where he/she returns his/her certificate; |
| 4. | Where he/she fails to meet any of the requirements for certification prescribed under paragraph (3). |
[This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
| Article 7 (Guidelines for Safety Inspections and Thorough Safety Inspections) |
| (1) | The Minister of Science and ICT shall formulate guidelines for safety inspections and thorough safety inspections concerning the details and methods of, and procedures for safety inspections and thorough safety inspections of laboratories, as prescribed by Presidential Decree, and publish the same in the Official Gazette. In such cases, the guidelines for thorough safety inspections shall include: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12873, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters concerning assessment of exposure to harmful or hazardous substances; |
| 2. | Matters concerning handling and management of harmful or hazardous substances; |
| 3. | Matters concerning the preliminary impact assessment or analysis of each type of harmful or hazardous substance. |
| (2) | Where the Minister of Science and ICT formulates guidelines under paragraph (1), he/she shall pre-consult on the same with the heads of the relevant central administrative agencies. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 8 (Safety Inspections) |
| (1) | Each head of a research entity shall conduct a safety inspection on the laboratories under his/her jurisdiction in accordance with guidelines for safety inspections formulated under Article 7 in order to maintain and manage the functions and safety of the laboratories. |
| (2) | The timing for conducting a safety inspection, qualification requirements for a person to conduct a safety inspection under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
| (3) | Each head of a research entity may conduct a safety inspection upon meeting the requirements prescribed by Presidential Decree, or commission an agency registered under Article 10-2 to conduct such safety inspection. <Amended by Act No. 12873, Dec. 30, 2014> |
| Article 9 (Thorough Safety Inspections) |
| (1) | Where the head of a research entity deems it necessary for preventing accidents and ensuring the safety, etc. of laboratories following a safety inspection conducted under Article 8, he/she shall conduct a thorough safety inspection in accordance with the guidelines for thorough safety inspections formulated under Article 7: Provided, That he/she shall conduct a thorough safety inspection, on a regular basis, for laboratories prescribed by Presidential Decree where harmful or hazardous work is required, such as handling harmful or hazardous substances, installation, or equipment. |
| (2) | The timing for conducting a thorough safety inspection, qualification requirements for a person to conduct a thorough safety inspection under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
| (3) | The head of a research entity may conduct a thorough safety inspection upon meeting the requirements prescribed by Presidential Decree, or commission an agency registered under Article 10-2 to conduct such thorough safety inspection. <Amended by Act No. 12873, Dec. 30, 2014> |
| Article 10 (Reporting and Announcement of Findings from Safety Inspections and Thorough Safety Inspections) |
| (1) | The head of a research entity who has conducted a safety inspection pursuant to Article 8 or a thorough safety inspection pursuant to Article 9 shall announce the findings therefrom without delay. <Amended by Act No. 10446, Mar. 9, 2011> |
| (2) | Where a serious defect prescribed by Presidential Decree is found in a laboratory through a safety inspection conducted under Article 8 or a thorough safety inspection conducted under Article 9, the head of the relevant research entity shall report such defect to the Minister of Science and ICT within seven days of becoming aware of such defect. In such cases, the Minister of Science and ICT in receipt of such report shall immediately notify the heads of the relevant central administrative agencies and the heads of local governments thereof and request the head of the research entity to take measures pursuant to Article 17. <Amended by Act No. 10446, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall maintain and manage records concerning the findings from safety inspections and thorough safety inspections submitted to him/her pursuant to paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10446, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 10-2 (Registration of Safety Inspection Agencies and Thorough Safety Inspection Agencies) |
| (1) | Each person who intends to conduct safety inspections and thorough safety inspections under Articles 8 and Article 9 as an agency, shall be registered with the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where a safety inspection or thorough safety inspection agency (hereafter in this Article, referred to as “agency”) intends to amend any matter registered under paragraph (1), he/she shall register such amendment with the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall issue a certificate of registration to a person who has filed for registration or registration of an amendment under paragraph (1) or (2), respectively. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Procedures and requirements for registration or registration of amendments under paragraph (1) or (2), and issuance of the certificate of registration under paragraph (3), and other necessary matters, shall be prescribed by Presidential Decree. |
| (5) | The Minister of Science and ICT may revoke the registration of a person registered as an agency falling under any of the following cases: Provided, That he/she shall revoke registration in cases falling under subparagraph 1: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | When he/she files for registration or registration of an amendment under paragraph (1) or paragraph (2) by fraudulent or other unlawful means; |
| 2. | When he/she lends his/her certificate of registration to a third person; |
| 3. | When he/she fails to meet any of the requirements for registration of agencies; |
| 4. | When he/she fails to file for registration of an amendment within six months from the date of such amendment to the registered matters; |
| 5. | When an agency fails to comply with any of the guidelines for safety inspections or for thorough safety inspections formulated under Article 7 (1). |
| (6) | The Minister of Science and ICT shall hold a hearing before revoking registration under paragraph (5). <Amended by Act No. 14839, Jul. 26, 2017> |
| (7) | The Minister of Science and ICT may require an agency to submit necessary data, or a subordinate public official to investigate the relevant documents or equipment. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
Where the Minister of Science and ICT deems it necessary to understand the business of a research entity, such as the current status of the conduct of safety inspections and thorough safety inspections by the head of the research entity, he/she may require a public official under his/her jurisdiction to examine related documents, etc. after he/she notifies, in advance, the relevant university, research institute, etc. of the purpose, necessity, extent, etc. of the examination. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10446, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 12 (Production of Certificates) |
| (1) | Where a public official under the jurisdiction of the Minister of Science and ICT examines related documents pursuant to Article 11 or a related expert investigates an accident pursuant to Article 16, the public official or the related expert shall carry a certificate indicating his/her authority and present it to interested persons. |
| (2) | Necessary matters concerning the format of a certificate under paragraph (1) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 13 (Bearing of Expenses, etc.) |
| (1) | The relevant university, research institute, etc. shall bear expenses incurred in a safety inspection under Article 8 and a thorough safety inspection under Article 9. |
| (2) | A university, research institute, etc. shall secure expenses incurred in the safety and maintenance of the laboratories under its jurisdiction every year, as prescribed by Presidential Decree. |
| (3) | When the head of a research entity appropriates research expenses for the performance of a research project, he/she shall reflect a safety-related budget therein. |
| (4) | Detailed matters concerning a safety-related budget referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 14 (Subscription to Insurance) |
| (1) | Each head of a research entity shall subscribe to insurance with a person engaged in research activities as the insured and beneficiary against his/her injury or death in accordance with the standards prescribed by Presidential Decree. |
| (2) | Where the head of a research entity subscribes to insurance for a person engaged in research activities under paragraph (1), he/she shall annually appropriate expenses incurred in subscribing to such insurance in the budget in accordance with the standards prescribed by Presidential Decree. |
| Article 15 (Obligations, etc. of Persons Who Conduct Safety Inspections and Thorough Safety Inspections) |
| (1) | A person who conducts a safety inspection under Article 8 or a thorough safety inspection under Article 9 shall conscientiously conduct such business in accordance with the guidelines for safety inspection and the guidelines for thorough safety inspection under Article 7. |
| (2) | Where failure to perform a safety inspection or thorough safety inspection in good faith in violation of paragraph (1) is likely to cause danger to persons engaged in research activities or the public, the Minister of Science and ICT may order the head of the relevant research entity to take corrective measures within a fixed period. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 15-2 (Reporting Accidents) |
Where an accident occurs in a laboratory, the head of the relevant research entity shall report the accident to the Minister of Science and ICT and make a public announcement thereof, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12873, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10446, Mar. 9, 2011]
| Article 16 (Conduct of Investigations into Accidents) |
| (1) | Where an accident occurs in a laboratory, the Minister of Science and ICT may request the head of the relevant research entity to submit materials relating to such accident in order to prevent the recurrence of the accident, and where he/she deems it necessary, he/she may require a related expert to investigate the circumstance and cause of the accident that occurred in the laboratory, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10446, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall maintain and manage submitted materials and the records of the result of investigation pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 17 (Restriction on Use of Laboratory, etc.) |
| (1) | Where the head of a research entity deems that emergency measures are necessary for the safe use of a laboratory by persons engaged in research activities or the public as a result of a safety inspection under Article 8 or a thorough safety inspection under Article 9, or as a result of investigation into an accident under Article 16, he/she shall take safety measures, such as placing a restriction on or prohibiting the use of the laboratory, or demolishing it. |
| (2) | Where a person who is engaged in research activities judges emergency measures necessary in the laboratory because a serious problem arises or is likely to arise in the safe use of the laboratory in the performance of research and development activities, he/she may directly take necessary measures, such as the restriction on use of the laboratory, etc. In such cases, he/she shall report the fact to the head of a research entity without delay. |
| (3) | Where the head of a research entity takes a measure under paragraph (1) or (2), he/she shall immediately report such fact to the Minister of Science and ICT. In such cases, the Minister of Science and ICT shall publicize such fact. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 18 (Education, Training, etc.) |
| (1) | Each head of a research entity shall provide persons engaged in research activities with information on the safety management of the relevant laboratory. |
| (2) | Each head of a research entity shall provide education and training necessary for ensuring safety and preventing accidents in connection with the use of the relevant laboratory, to persons engaged in research activities, as prescribed by Presidential Decree. |
| (3) | A manager of a safe laboratory environment appointed under Article 6-2 (1) shall undergo specialized education on laboratory safety, as prescribed by Ordinance of the Ministry of Science and ICT. <Newly Inserted by Act No. 10446, Mar. 9, 2011; Amended by Act No. 11690, Mar. 23, 2013; Act No. 12873, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Each head of a research entity shall conduct a regular health checkup for persons engaged in research activities with a danger of being exposed to substances, viruses, etc. fatal to human bodies. <Amended by Act No. 10446, Mar. 9, 2011> |
| (5) | Detailed matters concerning health checkups conducted under paragraph (3) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10446, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (6) | Persons engaged in research activities shall observe various standards and criteria for the safety management and prevention of accidents in laboratories prescribed by this Act, and actively participate in activities for enhancing safe laboratory environments. <Amended by Act No. 10446, Mar. 9, 2011> |
| Article 18-2 (Support of Universities, Research Institutes, etc.) |
| (1) | The Government may wholly or partly subsidize expenses incurred by a university, research institute, etc. or a non-profit corporation or organization promoting research or projects related to the safety management of laboratories in promoting research, etc. for the establishment of a safe laboratory environment and the foundation thereof. |
| (2) | Matters necessary for support, such as the extent of objects of support, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10446, Mar. 9, 2011]
| Article 18-3 (Designation and Operation of Regional Safe Research Support Centers) |
| (1) | The Ministry of Science and ICT may designate a regional safe research support center in each region, nationwide to effectively manage the safety of laboratories and rapidly respond to accidents. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for designating and operating regional safe research support centers shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
CHAPTER III SUPPLEMENTARY PROVISIONS
| (1) | In cases of violation of this Act or an order under this Act in a laboratory, a person engaged in research activities may report it to the Minister of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of a research entity shall not treat any person engaged in research activities disadvantageously by reason that he/she has made a report under paragraph (1). |
| Article 19-2 (Submission of Insurance-related Data) |
The Minister of Science and ICT may order an insurance company, from which the head of a research entity has subscribed to under Article 14, to submit data concerning the current status of insurance for persons engaged in research activities, compensation for laboratory accidents, and other matters, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> [This Article Newly Inserted by Act No. 12873, Dec. 30, 2014]
| Article 20 (Confidentiality) |
No person who conducts a safety inspection under Article 8 or a thorough safety inspection under Article 9 shall provide a third person with any confidential information he/she has obtained in the course of duty or use any confidential information by stealth, or use the same for a purpose other than the intended purpose: Provided, That this shall not apply to cases where the Minister of Science and ICT deems it necessary for the safety and maintenance of a laboratory. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 21 (Delegation or Entrustment of Authority) |
The Minister of Science and ICT may delegate part of his/her authority under this Act to the head of a relevant central administrative agency, as prescribed by Presidential Decree, or entrust the business relating to laboratory safety to an institution with necessary human resources and equipment, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
CHAPTER IV PENALTY PROVISIONS
| Article 22 (Penalty Provisions) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 10446, Mar. 9, 2011> |
| 1. | A person who causes serious damage to a laboratory and incurs danger to the public because he/she fails to conduct a safety inspection under Article 8 or a thorough safety inspection under Article 9 or conducts such safety inspection or thorough safety inspection in an unfaithful manner. |
| 2. | A person who incurs danger to the public because he/she fails to take measures under Article 17 (1). |
| (2) | A person who commits an offense under any subparagraph of paragraph (1) and thereby causes death or injury of a person shall be punished by imprisonment for not less than three years but not more than ten years. <Amended by Act No. 10446, Mar. 9, 2011> |
| Article 23 (Penalty Provisions) |
A person who provides a third person with any confidential information he/she has learned in the course of duty or use any confidential information by stealth, or use the same for a purpose other than the intended purpose shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.
| Article 24 (Joint Penalty Provisions) |
| (1) | If a representative of a corporation or an agent, an employee or any other worker of the corporation or an individual commits an offense referred to in Article 22 (1) or 23 regarding the business of the corporation or individual, not only the offender shall be punished accordingly, but the corporation or individual also be punished by a fine under the relevant provisions: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply. |
| (2) | If a representative of a corporation or an agent, an employee or any other worker of the corporation or an individual commits an offense referred to in Article 22 (2) regarding the business of the corporation or individual, not only the offender shall be punished but the corporation or individual shall also be punished by a fine not exceeding 100 million won: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply. |
[This Article Wholly Amended by Act No. 10088, May 17, 2010]
| Article 25 (Administrative Fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended by Act No. 10874, Jul. 21, 2011> |
| 1. | A person who fails to conduct a thorough safety inspection under Article 9 (1) or conducts such thorough safety inspection unconscientiously; |
| 2. | A person who fails to subscribe to insurance under Article 14 (1). |
| (2) | Each of the following persons shall be subject to an administrative fine not exceeding ten million won: <Amended by Act No. 10874, Jul. 21, 2011; Act No. 12873, Dec. 30, 2014> |
| 1. | A person who fails to conduct a safety inspection under Article 8 (1) or conducts such safety inspection unconscientiously; |
| 2. | A person who violates an order issued under Article 15 (2); |
| 3. | A person who fails to provide education or training, in violation of Article 18 (2); |
| 4. | A person who fails to conduct a health checkup, in violation of Article 18 (4). |
| (3) | Each of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 10446, Mar. 9, 2011; Act No. 12873, Dec. 30, 2014> |
| 1. | A person who fails to appoint a laboratory director, in violation of Article 5-2 (1); |
| 2. | A person who fails to formulate safety management regulations, in violation of Article 6 (1), or fails to observe the safety management regulations conscientiously, in violation of Article 6 (2); |
| 3. | A person who fails to appoint a manager of a safe laboratory environment, in violation of Article 6-2 (1); |
| 4. | A person who fails to report, in violation of Article 10 (2), or files a false report; |
| 5. | A person who conducts a safety inspection or thorough safety inspection without registration as a safety inspection agency or as a thorough safety inspection agency, in violation of Article 10-2 (1); |
| 6. | A person who fails to report, in violation of Article 15-2, or files a false report; |
| 7. | A person who refuses, interferes with, or evades the submission of materials or an investigation of the circumstance and cause of an accident, in violation of Article 16 (1). |
| (4) | The Minister of Science and ICT shall impose and collect administrative fines pursuant to paragraphs (1) through (3), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (5) | through (7) Deleted. <by Act No. 10446, Mar. 9, 2011> |
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10088, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 10446, Mar. 9, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 10874, Jul. 21, 2011>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures Concerning Provisions on Fines for Negligence) The former provisions shall apply with regard to the application of fines for negligence to acts committed before this Act enters into force. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12873, Dec. 30, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That amendments to the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement dates of the respective Acts. |
Articles 2 through 6 Omitted.