CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the health and life of research workers and create a safe research environment by ensuring laboratory safety in the fields of science and technology at universities, research institutes, etc. and providing proper compensation for damage caused by laboratory accidents, thereby contributing to promoting research activities.
The terms used in this Act are defined as follows:
| 1. | The term "university, research institute, etc." means any of the following: |
| (a) | A university, college, industrial college, teachers' college, junior college, air college, correspondence college, air and correspondence college, cyber college, or technical college defined in Article 2 of the Higher Education Act, a graduate school referred to in Article 29 of that Act, a graduate school university or college referred to in Article 30 of that 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; 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; the Daegu-Gyeongbuk Institute of Science and Technology established under the Daegu Gyeongbuk Institute of Science and Technology Act; or Ulsan National Institute of Science and Technology established under the Act Ulsan National 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 statutes. |
| 2. | The term "laboratory" means a laboratory, a practical room, or a preparation room for experiments equipped with a facility, equipment, and research materials, established by a university, research institute, etc. for research activities; |
| 3. | The term "research activity" means systematic and creative activities (including experimentation and practice) that use accumulated knowledge to accumulate knowledge in the fields of science and technology or to find new application methods; |
| 4. | The term "head of a research entity" means the representative of a university, research institute, etc. or the owner of a relevant laboratory; |
| 5. | The term “laboratory safety and environment officer” means a person assisting the head of a research entity and advising and guiding research workers including a laboratory director for technical matters related to laboratory safety at a university, research institute, etc.; |
| 6. | The term “laboratory director” means a research worker directly guiding, managing, and supervising other research workers in a laboratory; |
| 7. | The term “laboratory safety manager” means a research worker conducting duties for safety management and prevention of accidents in a laboratory; |
| 8. | The term "research worker” means any researcher, college student, graduate school student, research assistant, etc. engaged in research activities defined in subparagraph 3 at a university, research institute, etc.; |
| 9. | The term "laboratory safety manager" means a person who has passed the laboratory safety manager qualification test pursuant to Article 34 (1) and has been issued a license; |
| 10. | The term "safety inspection" means an act of inspecting hazardous factors inherent in a laboratory by a person having experience and expertise in safety management in a laboratory with the naked eye or inspection instruments, etc.; |
| 11. | The term "precise safety diagnosis" means an inspection and assessment conducted for the purpose of detecting any potential danger and establishing measures for the improvement thereof in order to prevent any accident in a laboratory; |
| 12. | The term "laboratory accident" means that a research worker suffers a loss of life or physical damage, such as injury, disease, physical disability, and death in connection with research activities in a laboratory, or that facilities, equipment, etc. in a laboratory are damaged; |
| 13. | The term "serious laboratory accident" means a laboratory accident, the degree of loss or damage by which is serious, including an accident involving death, as prescribed by Ordinance of the Ministry of Science and ICT; |
| 14. | The term “hazardous factor” means any factor that could cause a laboratory accident or impair the health of research workers, such as chemical, physical or biological risk factors. |
[Enforcement Date: Jun. 10, 2022] Subparagraph 9 of Article 2
| Article 3 (Scope of Application) |
This Act shall apply to any laboratory established by a university, research institute, etc. in order to conduct research activities: Provided, That this Act may not apply, in whole or in part, to laboratories prescribed by Presidential Decree in view of the type, size, etc. of laboratories.
| Article 4 (Responsibilities of the State) |
| (1) | The State shall formulate and execute necessary policies, such as supporting research activities, to ensure safe laboratory environments. |
| (2) | The State shall actively devise support policies to create safe laboratory environments, including promoting research and development to advance safety management technologies and prevent laboratory accidents, developing and disseminating standardized safety management protocols and teaching materials for safety education for each type of laboratory, and so forth. |
| (3) | The State shall endeavor to spread the laboratory safety culture by providing knowledge and information on research safety, etc. in order to ensure safe research activities for research workers. |
| (4) | The State may investigate the current level of safety of laboratory environments and laboratory safety management at universities, research institutes, etc. according to the implementation cycle, methods and procedures prescribed by Presidential Decree, and make public the findings thereof. |
| (5) | The Minister of Education shall require universities to include details on laboratory safety management in their information disclosure to ensure safety in the laboratories of such universities. |
| Article 5 (Responsibilities of Heads of Research Entities) |
| (1) | The head of a research entity shall be responsible for ensuring a safe laboratory environment by thoroughly maintaining and managing safety, and preventing accidents in a relevant laboratory. |
| (2) | The head of a research entity shall establish and operate a laboratory in accordance with the laboratory establishment and operation standards determined and publicly notified by the Minister of Science and ICT. |
| (3) | A laboratory director shall be responsible for the safety of education and research activities conducted in a laboratory, and actively participate in laboratory accident prevention policies. |
| (4) | A research worker shall comply with various standards, norms, etc. for laboratory safety management and laboratory accident prevention prescribed in this Act, and actively participate in activities for promoting a safe laboratory environment. |
CHAPTER II LAYING FOUNDATION FOR SAFE LABORATORY ENVIRONMENTS
| Article 6 (Master Plans to Create Safe Laboratory Environments) |
| (1) | Every five years, the Government shall formulate and execute a master plan to create a safe laboratory environment (hereinafter referred to as “master plan”) to prevent accidents and to create a safe research environment in laboratories. |
| (2) | Master plans shall be finalized after deliberation thereon by the Laboratory Safety Deliberative Committee established under Article 7. The same shall also apply to any amendment thereto. |
| (3) | Master plans shall include the following: |
| 1. | Goals for development, and basic direction-setting for policies to create a safe laboratory environment; |
| 2. | Research and development to advance safety management technologies and to prevent laboratory accidents; |
| 3. | Development of standardized safety management protocols for each type of laboratory; |
| 4. | Development and dissemination of teaching materials for laboratory safety education, and provision of safety education; |
| 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. | Establishment and improvement of safe research support centers; |
| 9. | Enhancement of the safety and health of research workers; |
| 10. | Other important matters concerning preventing laboratory accidents and creating safe environments. |
| (4) | The formulation and execution of master plans, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Laboratory Safety Deliberative Committee) |
| (1) | The Minister of Science and ICT shall establish and operate a Laboratory Safety Deliberative Committee (hereinafter referred to as the “Deliberative Committee”) to deliberate on each of the following matters regarding creating a safe laboratory environment: |
| 1. | Formulation and execution of master plans; |
| 2. | Overall control and coordination of important policies on creating a safe laboratory environment; |
| 3. | Prevention of and response to laboratory accidents; |
| 4. | Guidelines on laboratory safety inspections and in-depth laboratory safety inspections; |
| 5. | Other matters referred by the Chairperson about creating a safe laboratory environment. |
| (2) | The Deliberative Committee shall be comprised of up to 15 members, including one Chairperson. |
| (3) | The Vice-Minister of Science and ICT shall serve as the Chairperson of the Deliberative Committee, and its members shall be appointed by the Minister of Science and ICT from among persons with abundant knowledge and experience in the fields of laboratory safety. |
| (4) | The composition and operation of the Deliberative Committee, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8 (Informatization of Safe Laboratory Management) |
| (1) | The Minister of Science and ICT shall collate statistical data on laboratory accidents, information about safe laboratory policies, hazardous factors in laboratories, etc., (hereinafter referred to as “information on laboratory safety”), and systematically manage such data and information to create a safe laboratory environment and to prevent laboratory accidents. |
| (2) | The Minister of Science and ICT shall establish and operate a laboratory safety information system to systematically manage information on laboratory safety. |
| (3) | The laboratory safety information system shall be operated by regional safe research support centers designated under Article 30. |
| (5) | The Minister of Science and ICT may publish laboratory safety information of universities, research institutes, etc. at least once a year through the laboratory safety information system. |
| (6) | The Minister of Science and ICT may request necessary data from the heads of relevant central administrative agencies and the heads of research entities to establish the laboratory safety information system. In such cases, the heads of relevant central administrative agencies and the heads of research entities in receipt of such request for data submission shall comply therewith, unless there is a compelling reason not to do so. |
| (7) | The scope of establishment of the laboratory safety information system, operational procedures, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 9 (Designation and Operation of Laboratory Directors) |
| (1) | The head of a research entity shall designate a laboratory director, according to the standards prescribed by Presidential Decree, in the relevant laboratory to prevent laboratory accidents and to ensure the safety of research workers. |
| (2) | Each laboratory director may designate a laboratory safety manager to efficiently perform safety management duties in a relevant laboratory. In such cases, the laboratory safety manager shall be designated from among research workers in the relevant laboratory. |
| (3) | Each laboratory director shall provide education regarding hazardous factors in a relevant laboratory to research workers. |
| (4) | Each laboratory director shall keep protective gears suitable for research activities in a relevant laboratory, and have research workers wear them. In such cases, the type of protective gears shall be determined by Ordinance of the Ministry of Science and ICT. |
| Article 10 (Designation of Laboratory Safety and Environment Officer) |
| (1) | The head of a research entity shall designate a laboratory safety and environment officer as follows: |
| 1. | When the number of research workers is less than 1,000: At least one person; |
| 2. | When the number of research workers is at least 1,000 but below 3,000: At least two persons; |
| 3. | When the number of research workers is at least 3,000: At least three persons. |
| (2) | In designating a laboratory safety and environment officer pursuant to paragraph (1), if the relevant university or research institute, etc. has a branch school or branch institute, the head of a research entity shall separately designate a laboratory safety and environment officer at such branch school or branch institute: Provided, That the head of a research entity may not separately designate a laboratory safety and environment officer in cases prescribed by Presidential Decree, including when a branch school or branch institute has less than 10 research workers. |
| (3) | A laboratory safety and environment officer shall hold the qualification as a laboratory safety manager referred to in Article 34 or 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 prescribed by Presidential Decree. |
| (4) | The head of a research entity shall designate a proxy to act on behalf of a laboratory safety and environment officer in any of the following cases: |
| 1. | Where the laboratory safety and environment officer is unable to perform his or her duties temporarily due to his or her travel, illness, or any other reasons; |
| 2. | Where a new laboratory safety and environment officer is not appointed simultaneously with the dismissal or retirement of the laboratory safety and environment officer. |
| (5) | The period for a proxy to act on behalf of the laboratory safety and environment officer under paragraph (4) shall not exceed 30 days: Provided, That if a proxy is designated by reason of maternity leave, the period shall not exceed 90 days. |
| (6) | The procedures for designating laboratory safety and environment officer and their duties, and the requirements for a proxy referred to in paragraph (4) shall be prescribed by Presidential Decree. |
[Enforcement Date: Jun. 10, 2022] Article 10 (3) (the part pertaining to a person who holds the qualification as a laboratory safety manager referred to in Article 34)
| Article 11 (Laboratory Safety Management Committee) |
| (1) | The head of a research entity shall organize and operate a laboratory safety management committee in order to consult on important matters related to laboratory safety. |
| (2) | The laboratory safety management committee shall deliberate on each of the following: |
| 1. | Formulation of, or amendment to, the safety management regulations under Article 12 (1); |
| 2. | Formulation of a safety inspection implementation plan under Article 14; |
| 3. | Formulation of precise safety diagnosis implementation plan under Article 15; |
| 4. | Appropriation of safety-related budgets and formulation of execution plans under Article 22; |
| 5. | Deliberation on laboratory safety management plans; |
| 6. | Other important matters concerning laboratory safety. |
| (3) | A laboratory safety management committee shall be organized, ensuring that research workers of the relevant university, research institute, etc. account for at least 1/2 of the total number of the Committee members. |
| (4) | No head of a research entity shall accord disadvantageous treatment to any member of a laboratory safety management committee who has engaged in appropriate activities as a member. |
| (5) | Detailed standards regarding the composition and operation of laboratory safety management committees shall be prescribed by Ordinance of the Ministry of Science and ICT. |
CHAPTER III LABORATORY SAFETY MEASURES
| Article 12 (Formulation and Observance of Safety Management Regulations) |
| (1) | For laboratory safety management, the head of a research entity shall formulate safety management regulations that include each of the following, and post or keep the same in each laboratory and inform research workers thereof: |
| 1. | Matters concerning a safety management organization and the duties thereof; |
| 2. | Matters concerning the authority and responsibility of a laboratory safety and environment officer and a laboratory director; |
| 3. | Matters concerning designating a person in charge of laboratory safety; |
| 4. | Matters concerning providing regular safety education; |
| 5. | Installing or affixing safety marks in a laboratory; |
| 6. | Emergency response measures and outline for action in the event of a serious laboratory accident or other laboratory accidents; |
| 7. | Matters concerning investigating a laboratory accident and establishing follow-up measures; |
| 8. | Matters concerning appropriating and using laboratory safety-related budget; |
| 9. | Matters concerning safety management for each type of laboratory; |
| 10. | Other matters concerning safety management. |
| (2) | The head of a research entity and research workers shall conscientiously observe the safety management regulations formulated under paragraph (1). |
| (3) | The type and size of laboratories to prepare safety management regulations referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Science and ICT. |
| Article 13 (Guidelines on Safety Inspections and Precise Safety Diagnosis) |
| (1) | The Minister of Science and ICT shall formulate guidelines on safety inspections and precise safety diagnosis (hereafter in this Article referred to as “guidelines”), describing the details and methods of, and procedures for safety inspections and precise safety diagnosis of laboratories, as prescribed by Presidential Decree, and publicly notify the same in the Official Gazette. In such cases, the guidelines on precise safety diagnosis shall include the following: |
| 1. | Matters concerning assessing the level of exposure by hazardous factors; |
| 2. | Matters concerning the method of handling and management by hazardous factors; |
| 3. | Matters concerning preliminary impact assessment or analysis by hazardous factors. |
| (2) | Where the Minister of Science and ICT formulates guidelines, he or she shall pre-consult on the same with the heads of relevant central administrative agencies. |
| Article 14 (Implementation of Safety Inspections) |
| (1) | The head of a research entity shall conduct a safety inspection of the laboratories under his or her control in accordance with safety inspection guidelines formulated under Article 13 for laboratory safety management. |
| (2) | When conducting a safety inspection, the head of a research entity may have an agency registered under Article 17 conduct the inspection on his or her behalf. |
| (3) | The timing and requirements for conducting a safety inspection, qualification requirements for a person to conduct a safety inspection, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 15 (Implementation of Precise Safety Diagnosis) |
| (1) | In any of the following cases, the head of a research entity shall conduct precise safety diagnosis in accordance with precise safety diagnosis guidelines formulated under Article 13: |
| 1. | When it is deemed necessary to conduct precise safety diagnosis to prevent laboratory accidents, as a result of conducting a safety inspection under Article 14; |
| 2. | When a serious laboratory accident occurs. |
| (2) | The head of a research entity shall conduct precise safety diagnosis, on a regular basis, of laboratories where dangerous work is required, such as handling hazardous factors. |
| (3) | When conducting precise safety diagnosis under paragraphs (1) and (2), the head of a research entity may have an agency registered under Article 17 conduct such inspection on his or her behalf. |
| (4) | The timing and requirements for conducting precise safety diagnosis; the qualification requirements for a person to conduct precise safety diagnosis; and the scope of laboratories requiring regular precise safety diagnosis under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 16 (Reporting and Publication of Findings of Safety Inspections and Precise Safety Diagnosis) |
| (1) | The head of a research entity who has conducted a safety inspection pursuant to Article 14 or precise safety diagnosis pursuant to Article 15 shall publish the findings thereof without delay. |
| (2) | Where a serious defect prescribed by Presidential Decree is found through a safety inspection conducted under Article 14 or precise safety diagnosis conducted under Article 15, such as the leak of a hazardous factor in a laboratory, the head of a relevant research entity shall report such defect to the Minister of Science and ICT within seven days of becoming aware of such defect. |
| (3) | The Minister of Science and ICT in receipt of a report referred to in paragraph (2) shall immediately notify the heads of relevant central administrative agencies and the heads of local governments thereof, and shall require the head of the research entity to take measures pursuant to Article 25. |
| (4) | The Minister of Science and ICT shall maintain and manage records concerning the findings of safety inspections and precise safety diagnosis submitted to him or her pursuant to paragraph (2). |
| Article 17 (Registration of Safety Inspection Agencies and Precise Safety Diagnosis Agencies) |
| (1) | Each person who intends to conduct safety inspections prescribed in Article 14 as an agent or precise safety diagnosis prescribed in Article 15 as an agent shall be registered with the Minister of Science and ICT. |
| (2) | Where a safety inspection agency or precise safety diagnosis agency (hereafter in this Article referred to as “agency”) intends to modify any matter registered under paragraph (1), it shall register such modification with the Minister of Science and ICT. |
| (3) | The Minister of Science and ICT shall issue a certificate of registration to a person who has filed for registration or registration of modifications under paragraph (1) or (2). |
| (4) | Where any person registered as an agency falls under any of the following, the Minister of Science and ICT may revoke its registration, order suspension of business for up to six months, or issue a corrective order: Provided, That the Minister of Science and ICT shall revoke registration in the case of subparagraph 1: |
| 1. | When the person files for registration or registration of modifications under paragraph (1) or (2) by fraud or other improper means; |
| 2. | When the person lends his or her certificate of registration to a third person; |
| 3. | When the person fails to meet any of the requirements for registration of agencies; |
| 4. | When the person fails to file for registration of modifications within six months from the date of such modifications to the registered matters; |
| 5. | When the agency fails to comply with safety inspection guidelines or precise safety diagnosis guidelines formulated under Article 13 (1); |
| 6. | When the person conducts safety inspections or precise safety diagnosis as an agent using any person not registered as technical personnel under paragraph (1) or (2); |
| 7. | When the person fails to conduct safety inspections or precise safety diagnosis faithfully as an agent; |
| 8. | When the person conducts safety inspections or precise safety diagnosis as an agent during a period of business suspension. |
| (5) | The Minister of Science and ICT shall hold a hearing before revoking registration under paragraph (4). |
| (6) | The Minister of Science and ICT may require an agency to submit necessary data, or a related public official (including any executive officer or employee of an institution engaged in the duties entrusted under Article 41 (2)) to investigate relevant documents or equipment. |
| (7) | Any person operating an agency shall ensure that its registered technical personnel receive training. |
| (8) | The criteria for agencies, and the procedures and requirements for registration and registration of modifications under paragraphs (1) and (2); necessary matters concerning the issuance of certificates of registration referred to in paragraph (3), and the operation and management of agencies; the procedures and methods for registration revocation, business suspension, and corrective orders under paragraph (4); and the training curriculums and methods under paragraph (7) shall be prescribed by Presidential Decree. |
| Article 18 (Obligations of Persons Who Conduct Safety Inspections and Precise Safety Diagnosis) |
Any person who conducts a safety inspection under Article 14 or precise safety diagnosis under Article 15 shall conscientiously conduct such business in accordance with the safety inspection guidelines or precise safety diagnosis guidelines referred to in Article 13.
| Article 19 (Implementation of Preliminary Risk Analysis of Hazardous Factors) |
| (1) | A laboratory director shall conduct a preliminary risk analysis of hazardous factors (meaning analyzing hazardous factors in advance of commencing research activities) according to the procedures and methods prescribed by Presidential Decree. |
| (2) | A laboratory director shall report the findings of a preliminary risk analysis of hazardous factors referred to in paragraph (1) to the head of a research entity. |
| Article 20 (Education and Training) |
| (1) | The head of a research entity shall provide research workers with information on the safety management of the relevant laboratory. |
| (2) | The head of a research entity shall provide research workers with education and training necessary to prevent and respond to laboratory accidents. |
| (3) | A laboratory safety and environment officer designated under Article 10 (1) and (2) shall undergo specialized education on laboratory safety. |
| (4) | The head of a research entity shall ensure that a laboratory safety and environment officer designated under Article 10 (1) and (2) completes specialized education referred to in paragraph (3). |
| (5) | Detailed matters concerning the contents and methods of education and training referred to in paragraph (2); the requirements for persons to be in charge of education and training; and specialized education referred to in paragraph (3) shall be prescribed by Presidential Decree. |
| Article 21 (Health Examination) |
| (1) | The head of a research entity shall provide a regular health examination for research workers in danger of being exposed to hazardous factors. |
| (2) | Where the Minister of Science and ICT deems it necessary to protect the health of research workers, he or she may order the head of a research entity to take necessary measures, such as conducting temporary health examinations for specific research workers, changing the location laboratories, and reducing research time. |
| (3) | Research workers shall undergo health examinations and temporary health examinations prescribed in paragraphs (1) and (2). |
| (4) | No head of a research entity shall not use the results of health examinations or temporary health examinations prescribed in paragraphs (1) and (2) for any purpose other than protecting the health of research workers. |
| (5) | The research workers subject to health examinations and temporary health examinations, implementation standards, examination items, and grounds for exceptions shall be determined by Ordinance of the Ministry of Science and ICT. |
| Article 22 (Bearing of Expenses) |
| (1) | A relevant university, research institute, etc. shall bear expenses incurred in safety inspections and precise safety diagnosis referred to in Articles 14 and 15. |
| (2) | The head of a research entity shall appropriate and execute safety-related budget necessary for the relevant laboratory each year, as prescribed by Presidential Decree. |
| (3) | When the head of a research entity appropriates research expenses for performing a research project, he or she shall secure a safety-related budget at least at a certain rate. |
| (4) | The head of a research entity shall not use the safety-related budget allocated under paragraphs (2) and (3) for any other purpose. |
| (5) | The allocation rate of a safety-related budget referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Science and ICT. |
CHAPTER IV RESPONSE TO AND COMPENSATION FOR LABORATORY ACCIDENTS
| Article 23 (Reporting Laboratory Accidents) |
Where a laboratory accident occurs, the head of a relevant research entity shall report the accident to the Minister of Science and ICT and make public such fact, according to the procedures and methods prescribed by Ordinance of the Ministry of Science and ICT.
| Article 24 (Conduct of Investigations into Accidents) |
| (1) | Where a laboratory accident occurs, the Minister of Science and ICT may require the head of a relevant research entity to submit materials relating to such accident in order to prevent the recurrence of the accident. |
| (2) | Where the Minister of Science and ICT deems it necessary to conduct a further investigation after reviewing the materials submitted under paragraph (1), he or she may require a related expert to investigate the circumstance, cause, etc. of the laboratory accident according to the procedures and methods prescribed by Presidential Decree. |
| (3) | The Minister of Science and ICT shall keep and manage materials and the findings of investigations submitted pursuant to paragraphs (1) and (2). |
| Article 25 (Restrictions on Use of Laboratories) |
| (1) | Where the head of a research entity deems that emergency measures are necessary for the safety of research workers or the public as a result of a safety inspection referred to in under Article 14 or precise safety diagnosis referred to in Article 15, or as a result of investigation into a laboratory accident referred to in Article 24, he or she shall take at least one of the following measures: |
| 1. | Implementation of precise safety diagnosis; |
| 2. | Removal of hazardous factors; |
| 3. | Partial restriction on the use of a laboratory; |
| 4. | Prohibition of the use of a laboratory; |
| 5. | Demolition of a laboratory; |
| 6. | Other safety measures deemed necessary by the head of a research entity or research workers. |
| (2) | Where any research worker considers an emergency measure necessary because a serious safety problem arises or is likely to arise in a laboratory, he or she may directly take any necessary measure prescribed in the subparagraph of paragraph (1). In such cases, such research worker shall report the fact to the head of a research entity without delay. |
| (3) | The head of a research entity shall not give any disadvantageous treatment in terms of status or financial conditions to a research worker who has taken a measure pursuant to paragraph (2) on the grounds of the results of such measure. |
| (4) | Where any measure is taken under paragraph (1) or (2), the head of a research entity shall immediately report such fact to the Minister of Science and ICT. In such cases, the Minister of Science and ICT shall publicly announce such fact. |
| Article 26 (Subscription to Insurance) |
| (1) | The head of a research entity shall subscribe to insurance with research workers as the insured and beneficiary against their injury or death in accordance with the standards prescribed by Presidential Decree. |
| (2) | Where the head of a research entity subscribes to insurance under paragraph (1), he or she shall annually appropriate expenses incurred in subscribing to such insurance in the budget in accordance with the standards prescribed by Presidential Decree. |
| Article 27 (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 purchased insurance under Article 26, to submit data concerning the current status of insurance purchase, compensation for laboratory accidents, and other matters prescribed by Ordinance of the Ministry of Science and ICT.
| Article 28 (Certification of Exemplary Laboratories in Safety Management) |
| (1) | The Minister of Science and ICT may certify exemplary laboratories in safety management to strengthen laboratories’ capability for safety management and to identify and disseminate the standard protocol. |
| (2) | The head of a research entity that intends to obtain certification under paragraph (1) shall apply for certification to the Minister of Science and ICT. |
| (3) | The Minister of Science and ICT may revoke certification of any of the following persons: Provided, That he or she shall revoke certification in the case of subparagraph 1: |
| 1. | Where a person has obtained certification by fraud or other improper means; |
| 2. | Where a person has not engaged in research activities for at least one year without good cause; |
| 3. | Where a person returns his or her certificate; |
| 4. | Where a person fails to meet the criteria for certification referred to in paragraph (4). |
| (4) | The criteria, procedures, and methods for certification, and its effective period shall be prescribed by Presidential Decree. |
CHAPTER V SUPPORT FOR CREATION OF SAFE LABORATORY ENVIRONMENT
| Article 29 (Support for Universities and Research Institutes) |
| (1) | The State may fully or partly subsidize expenses incurred by any of the following institutions, organizations, etc. for establishing a safe laboratory environment: |
| 1. | A university, research institute, etc.; |
| 2. | A non-profit corporation or organization promoting research or projects related to safe laboratory management. |
| (2) | The scope of objects of support, and the methods and procedures for support referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 30 (Designation and Operation of Regional Safe Research Support Centers) |
| (1) | The Minister 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. |
| (2) | Necessary matters concerning designating and operating regional safe research support centers shall be prescribed by Presidential Decree. |
| (1) | The Minister of Science and ICT may require a relevant public official (including any executive or employee of an institution engaged in the duties entrusted under Article 41 (2)) to inspect the current status of safe laboratory management of universities, research institutes, etc., related documents, and other relevant matters. |
| (2) | Where the Minister of Science and ICT conducts an inspection under paragraph (1), he or she shall notify the head of a relevant research entity of the purpose, necessity, scope, etc. of the inspection in advance: Provided, That the foregoing shall not apply where urgency is required, such as the occurrence of a laboratory accident; or where it is deemed that the purpose of the inspection cannot be achieved if evidence or similar is destroyed where prior notice is given. |
| (3) | The head of a research entity shall actively cooperate with an inspection referred to in paragraph (1), and shall not refuse, obstruct or evade an inspection without good cause. |
| Article 32 (Presentation of Certificates) |
| (1) | Where a relevant public official investigates any laboratory accident or inspects related documents pursuant to Articles 24 and 31, such public official or a related expert shall carry an identification indicating his or her authority and present it to interested persons. |
| (2) | Necessary matters concerning the format of a certificate referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Science and ICT. |
| Article 33 (Corrective Orders) |
| (1) | In any of the following cases, the Minister of Science and ICT may order the head of a research entity to correct the relevant circumstance by prescribing a time period for correction, or to take other necessary measures: |
| 1. | When the head of a research entity fails to submit data necessary in establishing a laboratory safety information system referred to in Article 8 (6), or submits false data; |
| 2. | When the head of a research entity fails to establish and operate a laboratory safety management committee, in violation of Article 11 (1); |
| 3. | When the head of a research entity fails to faithfully conduct a safety inspection or precise safety diagnosis, in violation of Article 18; |
| 4. | When the head of a research entity fails to faithfully conduct education and training for research workers, in violation of Article 20 (2); |
| 5. | When the head of a research entity fails to faithfully conduct health examinations for research workers, in violation of Article 21 (1); |
| 6. | When the head of a research entity fails to take necessary measures for safety in violation of Article 25 (1) and (2), or when additional measures are required because the safety measures taken are insufficient; |
| 7. | When the head of a research entity fails to submit documents, etc. necessary for an inspection referred to in Article 31 (1), or when the findings of an inspection show that there is a risk of danger to research workers or the public. |
| (2) | Any person in receipt of a corrective order pursuant to paragraph (1) shall take corrective actions within the prescribed period, and report the outcomes thereof to the Minister of Science and ICT. |
CHAPTER VI LABORATORY SAFETY MANAGER
| Article 34 (Laboratory Safety Supervisor Qualifications and Tests) |
| (1) | Any person who intends to become a laboratory safety manager shall pass a laboratory safety manager qualification test (hereinafter referred to as "safety manager test") conducted by the Minister of Science and ICT. In such cases, the Minister of Science and ICT shall issue a license to a person who has passed the safety supervisor test. |
| (2) | A person who has obtained a laboratory safety manager license pursuant to paragraph (1) shall complete education and training conducted by the Minister of Science and ICT before performing duties prescribed in Article 35. |
| (3) | No laboratory safety manager shall lend a license issued under paragraph (1) to another person, or allow another person to perform duties of a laboratory safety manager in his or her name. |
| (4) | No one who is not a laboratory safety manager holding a license referred to in paragraph (1) shall use the name “laboratory safety manager” or similar. |
| (5) | The eligibility to take a safety supervisor test, test subjects, evaluation committee members, and selection criteria and methods under paragraph (1); and those subject to education and training, and the methods and procedures for education and training under paragraph (2) shall be prescribed by Presidential Decree. |
[Enforcement Date: Jun. 10, 2022] Article 34
| Article 35 (Duties of Laboratory Safety Managers) |
A laboratory safety manager shall perform the following duties:
| 1. | Safety inspections, precise safety diagnosis, and management of research facilities, equipment, materials, etc.; |
| 2. | Managing the handling of hazardous factors in a laboratory, and providing technical guidance and advices; |
| 3. | Conducting laboratory safety management, and guiding laboratory environment improvement; |
| 4. | Providing guidance on responses to and follow-up management of laboratory accidents; |
| 5. | Other matters related to laboratory safety as prescribed by Presidential Decree. |
[Enforcement Date: Jun. 10, 2022] Article 35
| Article 36 (Grounds for Disqualification) |
None of the following persons is eligible to become a laboratory safety manager:
| 1. | A minor, a person under limited guardianship, or a person under adult guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom two years have not elapsed since his or her imprisonment without labor or greater punishment declared by a court was completely executed (including where the execution is deemed terminated) or exempted; |
| 4. | A person who is under suspension of the execution of his or her imprisonment without labor or greater punishment declared by a court; |
| 5. | A person whose qualification as a laboratory safety manager has been revoked and for whom three years have not yet elapsed since the revocation. |
[Enforcement Date: June 10, 2022] Article 36
| Article 37 (Sanctions against Cheaters in Tests) |
Where an applicant cheats in a safety supervisor test, the Minister of Science and ICT shall declare his or her examination paper null and void, and his or her eligibility to take a safety supervisor test shall be suspended for two years from the date of the relevant test.
[Enforcement Date: Jun. 10, 2022] Article 37
| Article 38 (Disposition of Revoking or Suspending License) |
| (1) | Where a laboratory safety manager falls under any of the following, the Minister of Science and ICT may revoke his or her license, or suspend it for up to two years: Provided, That if a laboratory safety manager falls under subparagraph 1, 4, or 6, his or her license shall be revoked: |
| 1. | When he or she obtains a laboratory safety manager license by fraud or other improper means; |
| 2. | When he or she lends his or her license to another person or allows another person to perform duties of a laboratory safety manager in his or her name, in violation of Article 34 (3); |
| 3. | When he or she performs duties of a laboratory safety manager prescribed in Article 35 by fraud or unfaithfully by intention or gross negligence; |
| 4. | When he or she falls under any of the grounds for disqualification prescribed in the subparagraphs of Article 36; |
| 5. | When he or she provides a third party with any confidential information he or she has obtained in the course of performing his or her duties or steals any confidential information, or uses the same for a purpose other than its intended purposes, in violation of 40 (2); |
| 6. | When he or she performs duties of a laboratory safety manager during a period of suspension of his or her license as a laboratory safety manager. |
| (2) | The Minister of Science and ICT shall hold a hearing before revoking or suspending a license pursuant to paragraph (1). |
| (3) | Detailed standards for revoking or suspending a license pursuant to paragraph (1) shall be prescribed by Presidential Decree in consideration of the reasons for the disposition and the degree of violation. |
[Enforcement Date: Jun. 10, 2022] Article 38
CHAPTER VII SUPPLEMENTARY PROVISIONS
| (1) | In cases of violation of this Act or any order issued under this Act in a laboratory, a research worker may report such fact to the Minister of Science and ICT. |
| (2) | The head of a research entity shall not treat any research worker disadvantageously by reason that he or she has made a report under paragraph (1). |
| Article 40 (Confidentiality) |
| (1) | No person who conducts a safety inspection under Article 14 or precise safety diagnosis under Article 15 shall provide a third party with any confidential information he or she has obtained in the course of performing his or her duties or steal any confidential information, or use the same for a purpose other than its intended purposes: Provided, That the foregoing shall not apply where the Minister of Science and ICT deems it necessary for safe laboratory management. |
| (2) | A laboratory safety manager who holds a license under Article 34 (1) shall not reveal or abuse any confidential information he or she has obtained in the course of performing his or her duties. |
| Article 41 (Delegation and Entrustment of Authority and Duties) |
| (1) | The Minister of Science and ICT may delegate part of his or her authority under this Act to the head of a relevant central administrative agency, as prescribed by Presidential Decree. |
| (2) | The Minister of Science and ICT may entrust each of the following business affairs to regional safe research support centers referred to in Article 30: |
| 1. | Establishment and operation of a laboratory safety information system referred to in Article 8 (2); |
| 2. | Registration and management of, and support for agencies for safety inspections and precise safety diagnosis referred to in Article 17; |
| 3. | Planning and operation of education, training, and specialized education related to laboratory safety management prescribed in Article 20 (2) and (3); |
| 4. | Investigation into laboratory accidents, and support for maintaining and managing records of investigation results; |
| 5. | Support for the operation of the certification system for exemplary laboratories in safety management prescribed in Article 28; |
| 6. | Support for inspections prescribed in Article 31; |
| 7. | Other business affairs prescribed by Presidential Decree as necessary for laboratory safety management. |
| Article 42 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
Members of the Deliberative Committee referred to in Article 7, who are not a public official, and the executive officers and employees of regional safe research support centers who engage in duties entrusted by the Minister of Science and ICT pursuant to Article 41 (2) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.
CHAPTER VIII PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won: |
| 1. | A person who causes serious damage to a laboratory and incurs danger to the public since he or she fails to conduct a safety inspection referred to in Article 14 or precise safety diagnosis referred to in Article 15, or conducts such safety inspection or precise safety diagnosis in an unfaithful manner; |
| 2. | A person who incurs danger to the public since he or she fails to take measures prescribed in Article 25 (1). |
| (2) | A person who commits an offense prescribed in any subparagraph of paragraph (1) and thereby causes death or injury of a person shall be punished by imprisonment with labor for up to three years but not more than ten years. |
| Article 44 (Penalty Provisions) |
A person who provides a third party with any confidential information he or she has obtained in the course of performing his or her duties, abuses any confidential information, or uses the same for a purpose other than its intended purposes in violation of Article 40 shall be punished by imprisonment with labor for up to one year or by a fine not exceeding ten million won. [Enforcement Date: Jun. 10, 2022] Article 44 (the part pertaining to a person who has acquired a laboratory safety manager license referred to in Article 34)
| Article 45 (Joint Penalty Provisions) |
| (1) | If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation referred to in Article 43 (1) or 44 regarding the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. |
| (2) | If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation referred to in Article 43 (2) regarding the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine not exceeding 100 million won: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. |
| Article 46 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: |
| 1. | A person who fails to conduct precise safety diagnosis referred to in Article 15 (1) and (2) or who conducts such precise safety diagnosis unfaithfully (excluding where such person becomes subject to punishment under Article 43 (1) 1); |
| 2. | A person who fails to subscribe to insurance prescribed in Article 26 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who fails to conduct a safety inspection referred to in Article 14 (1) or who conducts such safety inspection unfaithfully (excluding where such person becomes subject to punishment under Article 43 (1) 1); |
| 2. | A person who fails to provide education or training, in violation of Article 20 (2); |
| 3. | A person who fails to conduct a health examination, in violation of Article 21 (1). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to designate a laboratory director, in violation of Article 9 (1); |
| 2. | A person who fails to designate a laboratory safety and environment officer, in violation of Article 10 (1); |
| 3. | A person who fails to designate a proxy for a laboratory safety and environment officer, in violation of Article 10 (4); |
| 4. | A person who fails to formulate safety management regulations, in violation of Article 12 (1); |
| 5. | A person who fails to observe safety management regulations conscientiously, in violation of Article 12 (2); |
| 6. | A person who fails to report or who files a false report, in violation of Article 16 (2); |
| 7. | A person who conducts a safety inspection or precise safety diagnosis without being registered as a safety inspection agency or precise safety diagnosis agency, in violation of Article 17 (1); |
| 8. | A person who fails to require a laboratory safety and environment officer to complete specialized education, in violation of Article 20 (3); |
| 9. | A person who fails to appropriate and execute safety-related budget necessary for a laboratory under his or her control, in violation of Article 22 (2); |
| 10. | A person who fails to appropriate research expenses for performing a research project at least at a certain rate, in violation of Article 22 (3); |
| 11. | A person who uses safety-related budget for any purpose other than its intended purposes, in violation of Article 22 (4); |
| 12. | A person who fails to report or files a false report, in violation of Article 23; |
| 13. | A person who refuses, obstructs, or evades the submission of materials or an investigation of the circumstance, cause, etc. of an accident, in violation of Article 24 (1); |
| 14. | A person who fails to comply with an order issued under Article 33 (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. |
ADDENDA <Act No. 17350, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 9 of Article 2, Article 10 (3) (limited to the part pertaining to persons who have acquired a laboratory safety manager license referred to in Article 34), Articles 34 through 38, Article 40 (2), and Article 44 (limited to the part pertaining to persons who have acquired a laboratory safety manager license referred to in Article 34) shall enter into force two years after the date of its promulgation. Article 2 (Transitional Measures concerning Regional Safe Research Support Centers)
Any regional safe research support center designated under the former provisions of Article 18-3 as at the time this Act enters into force shall be deemed a regional safe research support center under the amended provisions of Article 30. Article 3 (Relationship to Other Statutes and Regulations)