ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT OF SAFE LABORATORY ENVIRONMENT
Presidential Decree No. 19434, Mar. 31, 2006
Amended by Presidential Decree No. 20258, Sep. 10, 2007
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21118, Nov. 17, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21833, Nov. 20, 2009
Presidential Decree No. 22841, Apr. 5, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 23129, Sep. 9, 2011
Presidential Decree No. 23272, Oct. 28, 2011
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25836, Dec. 9, 2014
Presidential Decree No. 26345, jun. 30, 2015
Presidential Decree No. 26438, Jul. 24, 2015
Presidential Decree No. 27506, Sep. 22, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28243, Aug. 16, 2017
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29240, Oct. 18, 2018
| Article 2 (Persons Qualified for Thorough Safety Inspections) |
| 1. | A head of a research entity who meets the requirements for direct conduct of thorough safety inspections referred to in Article 9 (3) and attached Table 4; |
| 2. | A thorough safety inspection agency registered under Article 13-2. |
| Article 3 (Scope of Application) |
Laboratories fully or partially exempt from the application of the Act under the proviso to Article 3 (1) of the Act and the scope of provisions that shall not apply to such laboratories are as stipulated in attached Table 1.
| Article 4 (Investigation of Actual Conditions of Safe Laboratory Environment) |
| (1) | The Minister of Science and ICT shall investigate the actual conditions of a safe laboratory environment and the current status of safety management (hereinafter referred to as “investigation of actual conditions”) on a two-year basis pursuant to Article 4 (3) of the Act: Provided, That investigations of actual conditions may be conducted from time to time, where necessary. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | An investigation of actual conditions shall be conducted with regard to the following: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The current status of laboratories and persons engaged in research activities; |
| 2. | The current status of safety management at laboratories; |
| 3. | Occurrence of laboratory accidents and the results of measures taken therefor; |
| 4. | Other matters the Minister of Science and ICT deems necessary for ascertaining the current status of a safe laboratory environment and safety management. |
| (3) | When the Minister of Science and ICT intends to conduct an investigation of actual conditions, he/she shall notify the head of the relevant research entity of the investigation plan which includes the purposes, details, date, and time of the investigation and other matters. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 23129, Sep. 9, 2011]
| Article 4-2 (Formulation, Implementation, etc., of Master Plans to Create Safe Laboratory Environment) |
| (1) | The Minister of Science and ICT may request necessary materials from the head of a relevant central administration agency and local government if necessary for formulating a master plan to create a safe laboratory environment (hereinafter referred to as “master plan”) under Article 4-2 (1) of the Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may collect the opinions from the head of a relevant central administration agency, the head of a local government, and institution or organization related to safety of laboratories, when formulating a master plan. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall, without delay, notify the head of a central administration agency and local government of the master plan once finalized. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 4-3 (Composition and Operation of Laboratory Safety Deliberative Committee) |
| (1) | The members of the Laboratory Safety Deliberative Committee established under Article 4-3 (1) of the Act shall be commissioned or appointed by the Minister of Science and ICT from among the following persons, with due consideration given to gender: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 2. | A public official designated by the head of an affiliated agency from among public officials belonging to Senior Civil Service of the Ministry of Education, the Ministry of Science and ICT, the Ministry of Employment and Labor, and the Ministry of Public Safety and Security; |
| 3. | Other person having abundant knowledge about and experience in laboratory safety or the general field of safety. |
| (2) | The Chairperson of the Deliberative Committee (hereinafter referred to as “Chairperson”) shall represent the Deliberative Committee and have general supervision over and control of its affairs: Provided, That if the Chairperson is unable to perform any of his/her duties due to any unavoidable cause, a member pre-designated by the Chairperson shall act on behalf of the Chairperson. |
| (3) | Each member shall be hold office for a term of three years and may be only reappointed for one further term. |
| (4) | Meetings of the Deliberative Committee shall be classified as ordinary meetings and extraordinary meetings, and be held as follows: |
| 1. | Ordinary meetings: Two times annually; |
| 2. | Extraordinary meetings: Where deemed necessary by the Chairperson or requested by at least 1/3 of all incumbent members. |
| (5) | Meetings of the Deliberative Committee shall be held with a majority of all incumbent members present, and resolutions shall be passed with the affirmative vote of a majority of those present. |
| (6) | An administrative secretary shall be assigned to the Deliberative Committee to support the activities of the Deliberative Committee and to manage its affairs, and the administrative secretary shall be designated by the Minister of Science and ICT, from among public officials belonging to the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (7) | Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for the composition and operation of the Deliberative Committee shall be determined by the Chairperson following resolution thereon by the Deliberative Committee. |
[This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 4-4 (Establishment, Operation, etc., of Safe Laboratory Information System) |
| (1) | The Minister of Science and ICT shall include the following matters in the safe laboratory information system (hereinafter referred to as “safety information system”) built pursuant to Article 4-4 (2) of the Act: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Status of universities, research institutes, etc.; |
| 2. | Statistics on laboratory accidents, including occurrence and status of laboratory accidents by field, causes of laboratory accidents, and status of damage; |
| 3. | Matters concerning master plans and safe laboratory policies; |
| 4. | Information concerning hazard factors in laboratories; |
| 7. | Status of registration of safety inspection agencies and thorough safety inspection agencies under Article 10-2 of the Act; |
| 9. | Matters to be submitted or reported under the Act and this Decree, such as submission of reports on designation of managers of a safe laboratory environment under Article 5 (5); |
| 10. | Other matters necessary for creating a safe laboratory environment. |
| (2) | The Minister of Science and ICT may request the heads of laboratory entities, the heads of safety inspection agencies or thorough safety inspection agencies registered under Article 13-2, the chiefs of regional safe laboratory support centers designated under Article 17-3, and other entities to submit materials containing the information referred to in the subparagraphs of paragraph (1) or enter such information into the safety information system. In such cases, any person in receipt of such request shall follow such request, except in exceptional circumstances. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall verify and inspect the information submitted or entered into the safety information system under paragraph (2), to secure the reliability and objectivity of such information. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Where the heads of research entities, the heads of regional safe laboratory supporting centers, and other entities enter matters to be submitted or reported occasionally or regularly to the Minister of Science and ICT under the Act or this Decree, into the safety information system, they shall be deemed to have fulfilled their duty to submit or report under the Act and this Decree: Provided, That, although they file any of the following reports via the safety information system, they shall not be deemed to have fulfilled their duty to report: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 4-5 (Designation of Laboratory Directors) |
| (1) | The head of each research entity shall designate a person who meets all of the following requirements as a laboratory director pursuant to Article 5-2 (1) of the Act: |
| 1. | At least a current chief researcher or an assistant professor at a university, research institute, etc.; |
| 2. | A person who directly instructs, manages, and supervises research development activities and persons engaged in research activities at the relevant laboratory; |
| 3. | A person who has the right to use, and is responsible for the safety of, the relevant laboratory. |
| (2) | Pursuant to Article 5-2 (5), laboratory directors shall conduct a preliminary risk analysis of hazard factors, including the following, before commencing research and development activities: |
| 1. | Safety status of the relevant laboratory; |
| 2. | Risk analysis of the relevant laboratory by hazard factor; |
| 3. | A laboratory safety plan and an emergency preparedness plan. |
| (3) | Detailed procedures and methods for conducting preliminary risk analyses of hazard factors under paragraph (2), and other necessary matters, shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 5 (Appointment and Duties of Managers of Safe Laboratory Environments) |
| (1) | Where at least 300 persons regularly engage in research activities in a university, research institute, etc., or at least 1,000 persons engage in research activities (including those regularly engaged in research activities) in a university, research institute, etc., the head of the relevant research entity shall require at least one manger of a safe laboratory environment appointed under Article 6-2 (1) of the Act to take charge of only the duties provided for in paragraph (3). <Amended by Presidential Decree No. 26345, Jun. 30, 2015> |
| (2) | “Persons that meet the requirements prescribed by Presidential Decree” in Article 6-2 (2) of the Act means persons specified in attached Table 2. <Amended by Presidential Decree No. 26345, Jun. 30, 2015> |
| (3) | The duties of each manager of a safe laboratory environment shall be as follows: <Amended by Presidential Decree No. 26345, Jun. 30, 2015> |
| 1. | Formulating and implementing plans for safety inspections and thorough safety inspections of the relevant laboratory; |
| 2. | Formulating and implementing plans for education on laboratory safety; |
| 3. | Investigating into the causes of laboratory accidents and providing technical guidance and advice to prevent the recurrence of accidents; |
| 4. | Maintaining and managing statistics on the current status of a safe laboratory environment and safety management; |
| 5. | Proposing measures to be taken against persons engaged in research activities who violate the Act, or an order issued under the Act, or the safety management regulations formulated under Article 6 (1) of the Act; |
| 6. | Ensuring the safety of research facilities in compliance with the safety management regulations formulated under Article 6 (1) of the Act or any other statute or regulation. |
| (4) | Any of the following persons may act on behalf of a manager of a safe laboratory environment under Article 6-2 (3) of the Act: <Newly Inserted by Presidential Decree No. 29240, Oct. 18, 2018> |
| 2. | A person who falls under any of the items of subparagraph 6 of attached Table 2; |
| 3. | A person who has over one year of experience in the practice of laboratory safety management; |
| 4. | A person who holds a position in which he/she commands or supervises a manager of a safe laboratory environment in connection with laboratory safety management duties. |
| (5) | Where the head of each research entity appoints or replaces a manager of a safe laboratory environment, he/she shall submit a report on the appointment of the manager of a safe laboratory environment to the Minister of Science and ICT in the attached form within 14 days thereafter. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26345, Jun. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 23129, Sep. 9, 2011]
| Article 5-2 (Operation of Systems for Certification of Exemplary Laboratories in Safety Management) |
| (1) | A laboratory which intends to obtain certification as an exemplary laboratory in safety management under Article 6-3 (2) of the Act (hereafter referred to as “certification” in this Article and Article 5-3) shall submit an application for certification in the form prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The standards for certification under Article 6-3 (3) shall be as follows: |
| 1. | An exemplary system to maintain a safe environment in a laboratory, such as operating regulations of the laboratory, and objectives and plans for promoting a safe laboratory environment, shall be in place; |
| 2. | Activities to maintain a safety environment in a laboratory, such as safety inspections of the laboratory and planning and conducting laboratory safety and training shall be done; |
| 3. | Person responsible for a safe laboratory environment, such as the head of a research entity and laboratory directors, shall have safety awareness. |
| (3) | Upon receipt of an application for certification submitted under paragraph (1), the Minister of Science and ICT shall organize a certification review committee comprised of experts in laboratory safety to deliberate on whether the relevant laboratory meets the standards for certification provided for in paragraph (2), and determine whether to grant certification. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Matters necessary for the composition and operation of certification review committees under paragraph (3), shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The Minister of Science and ICT shall issue a certificate in the form prescribed by Ordinance of the Ministry of Science and ICT if the relevant laboratory is found to meet the standards for certification provided for in paragraph (2), in the course of certification review conducted under paragraph (3). <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | A certificate shall be valid for two years from the date the certificate is issued. |
| (7) | Where each laboratory certified under paragraph (5) intends to renew certification before the certificate expires, it shall apply for renewal of its certificate to the Minister of Science and ICT by no later than 60 days from expiration of the certificate’s validity. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (8) | Except as otherwise expressly provided for in paragraphs (1) through (7), the standards, procedures, and methods for certification, and other necessary matters, shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 5-3 (Utilization of Certification Marks) |
Each laboratory certified under Article 5-2 (5) may display a certification mark prescribed by Ordinance of the Ministry of Science and ICT at the relevant laboratory or use it for publicizing the relevant laboratory or for other purposes. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 6 (Preparation of Guidelines for Safety Inspections and Thorough Safety Inspections) |
Guidelines for safety inspections and guidelines for thorough safety inspections prepared under Article 7 (1) of the Act shall include the following matters: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Formulation and implementation of plans for safety inspections and for thorough safety inspections; |
| 2. | Considerations for persons who conduct safety inspections or thorough safety inspections; |
| 3. | Equipment necessary for conducting safety inspections or thorough safety inspections; |
| 4. | Subject matter of safety inspections or thorough safety inspections and the inspection method for each item; |
| 5. | Internal evaluation of findings from safety inspections or thorough safety inspections and follow-up measures therefor; |
| 6. | Other matters the Minister of Science and ICT deems necessary for maintaining the functions and safety of each laboratory. |
| Article 7 (Conducting, etc. of Safety Inspections) |
| (1) | Categories of safety inspections conducted under Article 8 (1) of the Act and the timing for conducting such safety inspections shall be as follows: |
| 1. | A daily inspection: An inspection that visually checks the storage conditions of machines, instruments, electricity, drugs, pathogens, etc. used for research and development activities and the actual conditions of maintenance of protective equipment once a day before commencing research and development activities; |
| 2. | A periodic inspection: An inspection that thoroughly checks the storage conditions of machines, instruments, electricity, drugs, pathogens, etc. used for research and development activities and the actual conditions of maintenance of protective equipment using safety inspection equipment at least once a year; |
| 3. | A special safety inspection: An inspection conducted if deemed necessary by the head of each research entity because the occurrence of an explosion or a fire that is likely to pose critical risk to the safety of persons engaged in research activities is anticipated. |
| (2) | Qualification requirements and requirements for physical equipment to be met when the head of each research entity directly conducts safety inspections provided for in the subparagraphs of paragraph (1) are as specified in attached Table 3. <Amended by Presidential Decree No. 26345, Jun. 30, 2015> |
| (3) | Where the head of each research entity publicizes the findings from a safety inspection he/she has directly conducted pursuant to Article 10 (1) of the Act, the Minister of Science and ICT may verify such findings and examine whether the safety inspection has been properly conducted. <Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Where the head of each research entity is found to have failed to comply with any of paragraph (1) or (2) in an examination conducted under paragraph (3), the Minister of Science and ICT may notify the head of the relevant research entity to re-conduct a safety inspection. <Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 8 Deleted. <by Presidential Decree No. 26345, Jun. 30, 2015> |
| Article 9 (Conducting, etc. of Thorough Safety Inspections) |
| (1) | Laboratories that shall regularly undergo thorough safety inspections under the proviso to Article 9 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23129, Sep. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25836, Dec. 9, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A laboratory in which toxic chemicals defined in subparagraph 7 of Article 2 of the Chemicals Control Act are handled for research and development activities; |
| 3. | A laboratory in which toxic gas specified by Ordinance of the Ministry of Science and ICT is handled for research and development activities. |
| (2) | Laboratories specified in paragraph (1) shall regularly undergo a thorough safety inspection, in any event at least once every two years. |
| (3) | Qualification requirements and requirements for physical equipment to be met where the head of each research entity directly conducts thorough safety inspections under Article 9 (3) of the Act, are as specified in attached Table 4. <Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015> |
| (4) | Where the head of each research entity publicizes the findings from a thorough safety inspection he/she has directly conducted pursuant to Article 10 (1) of the Act, the Minister of Science and ICT may verify such findings and examine whether the thorough safety inspection has been properly conducted. <Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | Where the head of each research entity is found to have failed to comply with any of paragraphs (1) through (3) in an examination conducted under paragraph (3), the Minister of Science and ICT may notify the head of the relevant research entity to re-conduct a thorough safety inspection. <Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| Articles 10 and 11 Deleted. <by Presidential Decree No. 26345, Jun. 30, 2015> |
| Article 12 (Utilization, etc. of Findings from Safety Inspections or Thorough Safety Inspections) |
| (1) | The Minister of Science and ICT shall review the findings of safety inspections an thorough safety inspections and fact-finding surveys publicized by the heads of research entities under Article 10 (1) of the Act and may grant subsidies to universities, research institutes, etc. that are exemplary in the safety management of laboratories, to cover expenses incurred in the safety, maintenance, and management of laboratories. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23129, Sep. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26345, Jun. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Further details of guidelines and procedures for reviews under paragraph (1), and other matters, shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 13 (Serious Defects in Laboratories) |
“Serious defect prescribed by Presidential Decree” in Article 10 (2) of the Act means a defect likely to cause a death, severe bodily injury, or disease to a person engaged in research activities as a consequence of any of the following events: <Amended by Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21833, Nov. 20, 2009; Presidential Decree No. 23129, Sep. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25836, Dec. 9, 2014; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Leakage or improper management of harmful or hazardous substances, such as toxic chemicals defined in subparagraph 7 of Article 2 of the Chemicals Control Act, harmful factors classified under Article 39 of the Occupational Safety and Health Act, or toxic gas specified by Ordinance of the Ministry of Science and ICT; |
| 3. | Corrosion, crack, or destruction of a hazardous or dangerous facility used for research and development activities; |
| 4. | Ground settlement or crack, leakage, corrosion that adversely affects the structural safety of laboratory facilities; |
| 5. | Leakage of pathogens that is likely to pose a serious risk to human bodies. |
| Article 13-2 (Registration, etc. of Safety Inspection Agencies or Thorough Safety Inspection Agencies) |
| (1) | Each person who intends to conduct safety inspections under Article 8 of the Act or thorough safety inspections under Article 9 as an agency pursuant to Article 10-2 (1) of the Act, shall submit an application for registration in the form prescribed by the Minister of Science and ICT, along with the following documents: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Status of technical human resources employed; |
| 2. | A statement of equipment. |
| (2) | Requirements for technical human resources and equipment necessary to be registered as a safety inspection agency and a thorough safety inspection agency under Article 10-2 (2) of the Act (hereinafter referred to as “agency”), are as specified in attached Table 4-2 and 4-3, respectively. |
| (3) | The Minister of Science and ICT shall issue a certificate of registration prescribed by Ordinance of the Ministry of Science and ICT, to the relevant applicant who has filed an application under paragraph (1), if the applicant is found to have met the requirements for registration referred to in paragraph (2), and record and manage details in the agency register. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Each person registered as an agency under paragraph (3) who intends to amend any registered matters, shall submit an application in the form prescribed by Ordinance of the Ministry of Science and ICT, accompanied by the following documents, to the Minister of Science and ICT within 30 days from the date the ground for amendment occurred: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A certificate of registration issued under paragraph (3); |
| 2. | Documents evidencing the relevant amendment. |
| (5) | Paragraph (3) shall apply mutatis mutandis to the issuance of amended certificates of registration, and recording in, and management of, the agency register, where the amendment is registered under Article 10-2 (2) of the Act. |
| (6) | Except as otherwise expressly provided for in paragraphs (1) through (5), procedures and methods for registration and registration of amendments, and other necessary matters, shall be determined by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 14 (Appropriation of Funds for Safety, Maintenance, and Management of Laboratories) |
| (1) | Pursuant to Article 13 (2) of the Act, a university, research institute, etc. shall appropriate an amount for the following purposes as funds for safety, maintenance, and management of laboratories each year: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23129, Sep. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26345, Jun. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 5. | Installation, maintenance, and repair of facilities for maintaining the safety of laboratories; |
| 6. | Purchase of protective equipment for persons engaged in research activities; |
| 7. | Safety inspections and thorough safety inspections; |
| 8. | Other purposes publicly announced by the Minister of Science and ICT as necessary for creating a safe laboratory environment. |
| (2) | When the head of a research entity disburses funds for safety, maintenance, or management of its laboratory appropriated under paragraph (1), he/she shall prepare a detailed statement thereof. <Amended by Presidential Decree No. 23129, Sep. 9, 2011> |
| (3) | Detailed guidelines necessary for preparing detailed statements of funds under paragraph (2) shall be prescribed and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 23129, Sep. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The head of a research entity shall submit a detailed statement of funds appropriated for the safety, maintenance, or management of its laboratory for the pertinent year under paragraph (1) and a detailed statement of funds disbursed during the preceding year under paragraph (2) to the Minister of Science and ICT, by not later than April 30 each year. <Amended by Presidential Decree No. 23129, Sep. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 15 (Purchasing Insurance Policies) |
| (1) | Insurance to be purchased by the head of a research entity under Article 14 (1) of the Act shall indemnify the research entity from the loss of life and bodily injuries caused by an accident that occurs in its laboratory, such as an injury, disease, physical disability, or death, and the provisions regarding the coverage amount shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Any of the following persons engaged in research activities shall be excluded from those insurable under paragraph (1): <Amended by Presidential Decree No. 29180, Sep. 18, 2018> |
| (3) | When the head of a research entity purchases an insurance policy under paragraph (1), he/she shall report it to the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT: Provided, That such report may be substituted by an application filed for recognition as business-affiliated research institutes under Article 14-2 (2) of the Basic Research Promotion and Technology Development Support Act, if the application contains details regarding the purchase of insurance under paragraph (1). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27506, Sep. 22, 2016; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | “Standards prescribed by Presidential Decree” in Article 14 (2) of the Act mean the type of insurance to be purchased, the number of the insured and beneficiaries, the coverage amount, and other matters. |
| Article 16 (Composition and Operation of Accident Investigation Teams) |
| (1) | Pursuant to Article 16 (1) of the Act, the Minister of Science and ICT may operate an accident investigation team comprised of the following persons to investigate the circumstances and causes of an accident that occurs in a laboratory: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Competent public officials who perform duties related to the safety of laboratories; |
| 2. | Professional engineers referred to in subparagraph 1 of Article 10; |
| 3. | Safety experts recommended by the head of the research entity; |
| 4. | Other experts who have abundant experience and knowledge necessary for investigating the accident. |
| (2) | The leader of an accident investigation team shall be appointed or commissioned by the Minister of Science and ICT, from among those specified in paragraph (1). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Upon completing an accident investigation, the leader of the accident investigation team shall promptly prepare a laboratory accident investigation report and submit the report to the Minister of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may reimburse persons who participate in an accident investigation for travel expenses and allowances incurred in relation to the accident investigation, within budgetary limits. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 17 (Education and Training for Persons Engaged in Research Activities) |
| (1) | When the head of each research entity conducts education and training under Article 18 (2) of the Act, he/she shall appoint any of the following persons to take charge of such education and training: <Amended by Presidential Decree No. 23129, Sep. 9, 2011; Presidential Decree No. 26345, Jun. 30, 2015> |
| 1. | A person meets any of the qualification requirements for inspectors where a head of a research entity directly conducts safety inspections under Article 7 (2) and attached Table 3: Provided, That excluded herefrom shall be persons engaged in research activities; |
| 2. | At least an assistant professor at a university who has abundant experience in and knowledge about safety; |
| 3. | A laboratory director. |
| (2) | The hours and details of the education and training conducted under paragraph (1), and other matters, shall be determined by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 17-2 (Scope of those Eligible for Subsidization) |
| (1) | Pursuant to Article 18-2 of the Act, the Minister of Science and ICT may subsidize a university, college, research institute, etc. or a non-profit corporation, organization, etc. that performs research or a project related to the safety management of laboratories for expenses incurred in any of the following research or projects: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Improvement of policies and systems for the safety management of laboratories and research, development, and distribution of safety management guidelines, etc.; |
| 2. | Research, publication, and distribution of educational materials about laboratory safety and provision of education; |
| 3. | Establishment and operation of safety networks in laboratories; |
| 4. | Safety inspections and thorough safety inspections of laboratories; |
| 5. | Activities for safety culture, including public relations activities for raising safety awareness in laboratories; |
| 6. | Investigations into laboratory accidents, the analysis of causes of such accidents, establishment of safety measures, and dissemination of exemplary safety measures; |
| 7. | Other activities for creating a safe laboratory environment and building infrastructure therefor. |
| (2) | Further details of projects and activities eligible for subsidization under paragraph (1) and matters necessary for the method and procedure for subsidization shall be prescribed and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 23129, Sep. 9, 2011]
| Article 17-3 (Designation, Operation, etc. of Regional Safe Laboratory Support Centers) |
| (1) | Each entity who intends to be designated as a regional safe laboratory support center under Article 18-3 (1) of the Act (hereafter referred to as “center” in this Article), shall submit an application for designation in the form prescribed by Ordinance of the Ministry of Science and ICT, accompanied by the following documents, to the Minister of Science and ICT: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Status of human resources employed and facilities necessary for conducting the affairs; |
| 2. | Operating regulations of the center; |
| 4. | Other documents publicly announced by the Minister of Science and ICT concerning on-site safety management at laboratories and prompt response to accidents. |
| (2) | Each entity who intends to be designated as a center shall meet the requirements for designation specified in attached Table 4-4. |
| (3) | The Minister of Science and ICT shall notify the relevant entity of the fact where it has been designated as a center under Article 18-3 (1) of the Act, and post the same on the Ministry’s web-site and the safety information system, etc. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Centers may conduct the following affairs. In such cases, the Minister of Science and ICT may grant subsidies to support their operating budget, etc.: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Affairs concerning prompt responses to accidents, such as ascertaining the status of accidents and supporting management thereof when laboratory accidents occur; |
| 2. | Affairs concerning inspections, analyses, and improvement of the status of managing the hazard factors of laboratories; |
| 3. | Affairs concerning experts and technical support necessary for conducting the affairs provided for in subparagraphs 1 and 2; |
| 4. | Affairs concerning on-site improvement of laboratory safety management policies and systems; |
| 5. | Affairs concerning activities for safe laboratory culture for raising safety awareness about laboratories; |
| 6. | Affairs concerning mutual cooperation for a safe laboratory environment between the Government and universities, research institutes, etc.; |
| 7. | Affairs concerning the development and administration of training materials and programs about safe laboratories; |
| 8. | Other affairs concerning the creation of a safe laboratory environment prescribed by the Minister of Science and ICT. |
| (5) | Centers shall report the business plan for the pertinent year and the business outcomes of the preceding year to the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for operation of centers shall be separately determined by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 26345, Jun. 30, 2015]
| Article 17-4 (Entrustment of Affairs) |
| 3. | Receipt of applications seeking registration as safety inspection agencies and thorough safety inspection agencies and registration of changes thereof under paragraphs (1) and (2) of Article 10-2 of the Act; |
| 4. | Investigation of actual conditions under Article 4 (1); |
| 5. | Receipt of a report on the appointment of the manager of a safe laboratory environment under Article 5 (5); |
| (2) | Where the Minister of Science and ICT entrusts affairs under paragraph (1), he/she shall publicize the name of the agency entrusted with the affairs and the details of the entrusted affairs. |
[This Article Newly Inserted by Presidential Decree No. 29240, Oct. 18, 2018]
| Article 17-5 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the feasibility of the scope of application provided for in Article 3 every three years from the reference date of January 1, 2014 (referring to the period that ends on the day before the reference date of every third year) and take necessary measures, including improvement. [This Article Wholly Amended by Presidential Decree No. 29240, Oct. 18, 2018]
| Article 18 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under Article 25 (1) through (3) of the Act are as stipulated in attached Table 5. <Amended by Presidential Decree No. 23129, Sep. 9, 2011> [This Article Wholly Amended by Presidential Decree No. 22841, Apr. 5, 2011]
ADDENDUM
This Decree shall enter into force on April 1, 2006.
ADDENDA <Presidential Decree No. 20258, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21118, Nov. 17, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21833, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22841, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Fines for Negligence)
| (1) | Notwithstanding the amended provisions of attached Table 4, the former provisions regarding the criteria for imposition of fines for negligence shall apply to violations committed before this Decree enters into force. |
| (2) | Fines for negligence imposed for violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of attached Table 4. |
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23129, Sep. 9, 2011>
This Decree shall enter into force on September 10, 2011: Provided, That the amended provisions of subparagraph 7 of attached Table 1 shall enter into force on October 26, 2011.
ADDENDA <Presidential Decree No. 23272, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26345, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Article 2 (Applicability to Verification and Examination of Findings from Safety Inspections, and Notification of Re-conduct)
The amended provisions of Article 7 (3) and (4) shall begin to apply from the first case where the head of a research entity direct conducts a safety inspection pursuant to the amended provisions of Article 7 (2) and attached Table 3 and publicize the findings therefrom after this Decree enters into force. Article 3 (Applicability to Verification and Examination of Findings from Thorough Safety Inspections, and Notification of Re-conduct)
The amended provisions of Article 9 (4) and (5) shall begin to apply from the first case where the head of a research entity direct conducts a thorough safety inspection pursuant to the amended provisions of Article 9 (3) and attached Table 4 and publicize the findings therefrom after this Decree enters into force.
ADDENDA <Presidential Decree No. 26438, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDUM <Presidential Decree No. 29240, Oct. 18, 2018>
This Decree shall enter into force on the date of its promulgation.