Presidential Decree No. 32020, Oct. 5, 2021
| Article 1 (Purpose) |
| Article 2 (Persons with Occupational Diseases) |
| Article 3 (Public-Use Facilities) |
| (1) | "Facility prescribed by Presidential Decree" in the main clause, with the exception of the items, of subparagraph 4 of Article 2 of the Act means any of the following: |
| 1. | Facilities specified in attached Table 2 among those under subparagraph 4 (a) of Article 2 of the Act; |
| 2. | Establishments specified in attached Table 3 among those under subparagraph 4 (b) of Article 2 of the Act: |
| (a) | Buildings in which housing and facilities other than housing are constructed in the same building; |
| (b) | Buildings, the main use of which is an officetel under subparagraph 14 (b) (ii) of attached Table 1 of the Enforcement Decree of the Building Act; |
| 3. | Places of business under subparagraph 4 (c) of Article 2 of the Act; |
| 4. | The following facilities among those under subparagraph 4 (d) of Article 2 of the Act (excluding establishments under subparagraph 2): |
| (a) | Road bridges for which 10 years have passed since completion of the construction work, among those with a length of at least 20 meters installed on roads specified in the subparagraphs of Article 10 of the Road Act; |
| (b) | Road tunnels in local highways, |
| (c) | Railroad bridges for which 10 years have passed since completion of the construction work, among railroad facilities specified in subparagraph 2 of Article 3 of the Framework Act on Railroad Industry Development; |
| (d) | Railroad tunnels for which 10 years have passed since completion of the construction work (limited to those located in areas other than the Special Metropolitan City or a Metropolitan City), among railroad facilities specified in subparagraph 2 of Article 3 of the Framework Act on Railroad Industry Development; |
| (e) | Any of the following facilities with an individual place of business of at least 2,000 square meters: |
| (i) | Gas stations defined in subparagraph 3 of Article 2 of the Enforcement Decree of the Petroleum and Alternative Fuel Business Act; |
| (ii) | Places of business of liquefied petroleum gas filling business defined in subparagraph 4 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| (f) | Amusement facilities or machines subject to safety inspections prescribed in Article 33 (1) of the Tourism Promotion Act, among facilities for general amusement complex business defined in Article 2 (1) 5 (a) of the Enforcement Decree of the same Act. |
| Article 4 (Measures for Establishment of Safety and Health Management System and Implementation Thereof) |
| 1. | A business owner or a responsible managing officer, etc. shall establish objectives and managerial policies on safety and health at the relevant business or place of business; |
| 2. | A business owner or a responsible managing officer, etc. shall have an organization exclusively responsible for the overall control and management of affairs concerning safety and health for the relevant business or place of business required to have at least three personnel under Articles 17 through 19 and 22 of the Occupational Safety and Health Act and falling under any of the following, in which cases if a constructor who did not fall under item (b) falls under item (b), such constructor shall have the relevant organization by no later than January 1 of the year following the year in which it was publicly notified: |
| (a) | A business or place of business with at least 500 full-time employees; |
| (b) | A constructor who ranks 200th or higher in the execution capacity appraisal publicly notified pursuant to Article 23 of the Framework Act on the Construction Industry for civil engineering and construction business under Article 8 of the same Act and attached Table 1 of its Enforcement Decree; |
| 3. | A business owner or a responsible managing officer, etc. shall establish work procedures for identifying and improving hazardous or risk factors varying on the characteristics of the relevant business or place of business; and take necessary measures after conducting an inspection at least once every half year to determine whether hazardous or risk factors are identified and improvement is made in compliance with the relevant work procedures: |
| 4. | A business owner or a responsible managing officer, etc. shall set a budget necessary for implementing the following and spend such budget for the purpose for which it is set: |
| (a) | Preparation of human resources, facilities, and equipment for safety and health required for accident prevention; |
| (b) | Improvement of hazardous or risk factors provided in subparagraph 3; |
| (c) | Other matters determined and publicly notified by the Minister of Employment and Labor as necessary for establishing a safety and health management system, etc.; |
| 5. | A business owner or a responsible managing officer, etc. shall take the following measures so that a person in charge of safety and health management, a supervisor, and a person in general charge of safety and health (hereafter in this Article, referred to as "person in charge of safety and health management, etc.") under Articles 15, 16, and 62 of the Occupational Safety and Health Act can faithfully perform respective duties provided in the same Articles at each place of business: |
| (a) | To provide a person in charge of safety and health management, etc. with the authority and budget necessary for performing his or her duties; |
| (b) | To establish criteria to assess whether a person in charge of safety and health management, etc. performs his or her duties faithfully, and assess and manage such person at least once every half year in accordance with such criteria; |
| 6. | A business owner or a responsible managing officer, etc. shall assign at least the number prescribed in Articles 17 through 19 and 22 of the Occupational Safety and Health Act of safety officers, health officers, persons in charge of safety and health management, and of occupational medicine physicians: |
| 7. | A business owner or a responsible managing officer, etc. shall establish procedures to hear the opinions of workers on the safety and health at the relevant business or place of business; and if deemed necessary for the prevention of accidents after hearing opinions in accordance with the procedures, he or she shall prepare improvement plans therefor, shall conduct an inspection at least once every half year to determine whether the plan is implemented, and shall take necessary measures accordingly: |
| 8. | A business owner or a responsible managing officer, etc. shall prepare a manual for each of the following measures in case a serious industrial accident occurs or there is an imminent risk of occurrence of such accident at the relevant business or place of business, and shall conduct an inspection at least once every half year to determine whether measures are taken in accordance with the relevant manual: |
| (a) | Countermeasures such as suspension of work, evacuation of employees, and removal of risk factors; |
| (b) | Relief measures for persons suffering serious industrial accidents; |
| (c) | Measures to prevent additional damage; |
| 9. | Where any work is contracted, outsourced, or entrusted, etc. to a third party, a business owner or a responsible managing officer, etc. shall establish the following standards and procedures to secure the safety and health of workers; and shall conduct an inspection at least once every half year to determine whether contracting, outsourcing, or entrustment, etc. has been made in accordance with such standards and procedures: |
| (a) | Criteria and procedures for evaluating the capabilities and technology to prevent industrial accidents of the persons to whom the work is contracted, outsourced, or entrusted, etc.; |
| (b) | Standards for management expenses for safety and health of the persons to whom the work is contracted, outsourced, or entrusted, etc.; |
| (c) | In cases of the construction and shipbuilding industry, the standards for the period of construction or period of building for safety and health of the persons to whom the work is contracted, outsourced, or entrusted, etc. |
| Article 5 (Managerial Measures Necessary to Perform Duties under Safety and Health-Related Statutes or Regulations) |
| (1) | "Safety and health-related statutes or regulations" in Article 4 (1) 4 of the Act means statutes or regulations applicable to the relevant business or place of business and related to securing the safety and health of workers. |
| (2) | Details of the measures under Article 4 (1) 4 of the Act shall be as follows: |
| 1. | A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether the duties under health and safety-related statutes or regulations have been performed (including inspections that are entrusted to institutions, etc. designated by the heads of central administrative agencies under such health and safety-related statutes or regulations; hereafter in this subparagraph, the same shall apply); and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed; |
| 2. | Where the inspection or report under subparagraph 1 finds that the duties under safety and health-related statutes or regulations have not been performed, the relevant business owner or responsible managing officer, etc. shall take measures necessary to perform such duties, including assigning personnel or setting and spending additional budgets; |
| 3. | A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether compulsory safety and health education programs in relation to hazardous and risky work under safety and health-related statutes or regulations have been provided; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed; |
| 4. | Where the inspection or report under subparagraph 3 finds that education programs have not been provided, the relevant business owner or responsible managing officer, etc. shall, without delay, take measures necessary for education, such as ordering to provide such education programs and securing budgets. |
| Article 6 (Providing Safety and Health Education Programs) |
| (1) | Safety and health education programs under Article 8 (1) of the Act (hereinafter referred to as "safety and health education programs") shall be completed within 20 hours in total, as prescribed by the Minister of Employment and Labor. |
| (2) | Safety and health education programs shall include the following: |
| 1. | Management plans on safety and health, including establishment of a safety and health management system; |
| 2. | Analysis of causes of serious industrial accidents and measures to prevent recurrence thereof. |
| (3) | The Minister of Employment and Labor may request the Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act or a safety and health educational institution registered under Article 33 of the Occupational Safety and Health Act (hereinafter referred to as "safety and health educational institution, etc.") to provide safety and health education programs. |
| (4) | For corporations or institutions that have caused a serious industrial accident, the Minister of Employment and Labor shall determine on a quarterly basis persons required to receive safety and health education programs, and shall notify the persons required to receive such education programs of the following no later than 30 days prior to the date the education programs are provided: |
| 1. | Safety and health educational institutions, etc. which provide safety and health education programs; |
| 2. | Education schedule; |
| 3. | Other matters necessary to provide safety and health education programs. |
| (5) | Upon receipt of a notification under paragraph (4), if a person required to receive safety and health education programs has good cause for not participating in the scheduled education programs, he or she may request the Minister of Employment and Labor to postpone the education programs only once no later than seven days before the date the education programs are provided. |
| (6) | The Minister of Employment and Labor shall notify the relevant person required to receive safety and health education programs as to whether postponement is possible within three days from the date of receipt of a request for postponement under paragraph (5). |
| (7) | Where safety and health education programs are postponed, paragraph (4) shall apply |
| (8) | Expenses incurred in safety and health education programs shall be borne by the persons required to receive such education programs at safety and health education institutions, etc. |
| (9) | Where a safety and health educational institution, etc. has provided safety and health education programs, it shall notify the Minister of Employment and Labor of the list of persons who have completed such education programs. |
| (10) | Where persons required to receive safety and health education programs have completed such education programs, they may request the Minister of Employment and Labor to issue a certificate of completion of safety and health education programs, if necessary. |
| (11) | Upon receipt of a request under paragraph (10), the Minister of Employment and Labor shall issue a certificate of completion of safety and health education programs without delay, as prescribed by the Minister of Employment and Labor. |
| Article 7 (Criteria for Imposition of Administrative Fines) |
| Article 8 (Establishment of and Implementation Measures for Safety and Health Management Systems Related to Raw Materials and Products) |
| 1. | A business owner or a responsible managing officer, etc. shall have the necessary human resources for performing the following to conduct the affairs for preventing serious civic accidents: |
| (a) | To conduct affairs related to safety and health management in accordance with safety and health-related statutes or regulations under Article 9 (1) 4 of the Act; |
| (b) | To inspect hazardous and risk factors and respond to the signals of risk; |
| (c) | Other matters determined and publicly notified by the Minister of Environment for the safety and health management related to raw materials and products; |
| 2. | A business owner or a responsible managing officer etc. shall set and spend a budget necessary to perform the following: |
| (a) | To secure and maintain human resources, facilities, equipment, etc. under safety and health-related statutes or regulations under Article 9 (1) 4 of the Act; |
| (b) | To inspect hazardous and risk factors and respond to the signals of risk; |
| (c) | Other matters determined and publicly notified by the Minister of Environment for the relevant safety and health management related to raw materials and products; |
| 3. | A business owner or a responsible managing officer etc. shall take the following measures to prevent serious civic accidents caused by raw materials or products specified in attached Table 5: |
| (a) | To conduct a periodic inspection of hazardous and risk factors; |
| (b) | To file a report on, and take measures against, any risk of a serious civic accident that is found from the verification of the hazardous or risk factors discovered through the receipt of information or the detection of signals of any risk, etc.; |
| (c) | To give a report, file a report, and take measures in cases of serious civic accidents; |
| (d) | To take measures for improvement following an investigation into the causes of serious civic accidents; |
| 4. | A business owner or a responsible managing officer, etc. shall establish procedures for handling business affairs including measures under the items of subparagraph 3: |
| 5. | A business owner or a responsible managing officer, etc. shall inspect the matters prescribed in subparagraphs 1 and 2 at least once every half year and shall take necessary measures to prevent serious civic accidents, such as assigning human resources or setting and spending additional budgets based on the results of the inspection. |
| Article 9 (Managerial Measures Necessary to Perform Duties under Safety and Health-Related Statutes or Regulations Related to Raw Materials and Products) |
| (1) | "Safety and health-related statutes or regulations" in Article 9 (1) 4 of the Act means statutes or regulations applicable to raw materials or products being produced, manufactured, sold, or distributed at the relevant business or place of business, which are related to preventing such raw materials or products from turning into hazardous and risk factors that may affect human life and body and to controlling them safely. |
| (2) | Details of the measures under Article 9 (1) 4 shall be as follows: |
| 1. | A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether the duties under health and safety-related statutes or regulations have been performed (including inspections that are entrusted to institutions, etc. designated by the heads of central administrative agencies under such health and safety-related statutes or regulations; hereafter in this subparagraph, the same shall apply); and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed; |
| 2. | Where the inspection or report under subparagraph 1 finds that the duties under safety and health-related statutes or regulations have not been performed, the relevant business owner or responsible managing officer, etc. shall take measures necessary to perform such duties, including assigning personnel or setting and spending additional budgets; |
| 3. | A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether a compulsory education programs under safety and health-related statutes or regulations have been provided; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed; |
| 4. | Where the inspection or report under subparagraph 3 finds that education programs have not been provided, the relevant business owner or responsible managing officer, etc. shall, without delay, take measures necessary for education, such as ordering to provide such education programs and securing budgets. |
| Article 10 (Establishment of, and Implementation Measures for, Safety and Health Management Systems Related to Public-Use Facilities and Public Transportation Vehicles) |
| 1. | A business owner or a responsible managing officer, etc. shall have the necessary human resources for performing the following to conduct the affairs for preventing serious civic accidents: |
| (a) | To conduct affairs related to safety management in accordance with safety and health-related statutes or regulations under Article 9 (2) 4 of the Act; |
| (b) | To implement safety plans formulated pursuant to subparagraph 4; |
| (c) | Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport concerning the safety of public-use facilities or public transportation vehicles and their users or other people; |
| 2. | A business owner or a responsible managing officer etc. shall set and spend a budget necessary to perform the following: |
| (a) | To secure and maintain human resources, facilities, equipment, etc. and to conduct safety inspections, etc. in accordance with safety and health-related statutes or regulations under Article 9 (2) 4 of the Act; |
| (b) | To implement safety plans formulated pursuant to subparagraph 4; |
| (c) | Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport concerning the safety of public-use facilities or public transportation vehicles and their users or other people; |
| 3. | A business owner or a responsible managing officer, etc. shall plan and conduct a safety inspection, etc. in accordance with safety and health-related statutes or regulations under Article 9 (2) 4 of the Act for public-use facilities or public transportation vehicles; |
| 4. | A business owner or a responsible managing officer, etc. shall have a safety plan containing the following formulated at least once a year on public-use facilities or public transportation vehicles and have such plan faithfully implemented: |
| (a) | Matters concerning the securing of human resources for safety and maintenance of public-use facilities or public transportation vehicles; |
| (b) | Matters concerning the implementation of safety inspection or precise safety diagnosis of public-use facilities and inspection and maintenance (including the securing of equipment necessary for inspection and maintenance) of public transportation vehicles; |
| (c) | Matters concerning the maintenance and management of public-use facilities and public transportation vehicles, such as repair and reinforcement; |
| 5. | A business owner or a responsible managing officer, etc. shall inspect matters prescribed in subparagraphs 1 through 4 at least once every half year; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed; |
| 6. | A business owner or a responsible managing officer, etc. shall take necessary measures to prevent serious civic accidents, such as assigning human resources or setting and spending additional budgets based on the results of the inspection or report under subparagraph 5; |
| 7. | A business owner or a responsible managing officer, etc. shall establish and implement work procedures including the following for preventing serious civic accidents: |
| (a) | Matters concerning the identification and inspection of hazardous and risk factors of public-use facilities or public transportation vehicles; |
| (b) | Where any hazardous or risk factor is detected from public-use facilities or public transportation vehicles, matters concerning the improvement thereof, such as reporting, request for measures, restrictions on use, repair, and reinforcement of the relevant matters; |
| (c) | In cases of serious civic accidents, matters concerning emergency relief measures for casualties, etc., emergency safety inspections of public-use facilities or public transportation vehicles, measures for prevention of further damage such as installing warning signs, reports to the competent administrative agencies, etc., and measures for improvement following an investigation of causes; |
| (d) | Matters concerning evacuation training in case of emergency or urgent situations at public transportation vehicles or Class-I establishments defined in subparagraph 1 of Article 7 of the Special Act on the Safety Control and Maintenance of Establishments; |
| 8. | Where the operation and management of public-use facilities or public transportation vehicles is contracted, outsourced, or entrusted, etc. to a third party, a business owner or a responsible managing officer, etc. shall establish the following criteria and procedures to secure the safety of public-use facilities or public transportation vehicles and their users or other people, and shall conduct an inspect at least once a year to determine whether contracting, outsourcing, or entrustment, etc. has been made in accordance with such standards and procedures; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed: |
| (a) | Criteria and procedures for evaluating the capabilities to take measures and safety management capabilities to prevent serious civic accidents; |
| (b) | Criteria for expenses required to prevent serious civic accidents in performing the duties, such as contracting, outsourcing, and entrustment. |
| Article 11 (Managerial Measures Necessary to Perform Duties under Safety and Health-Related Statutes or Regulations Related to Public-Use Facilities and Public Transportation Vehicles) |
| (1) | "Safety and health-related statutes or regulations" in Article 9 (2) 4 of the Act means statutes or regulations applicable to the relevant public-use facilities and public transportation vehicles and related to securing the safety and health of their users and other people. |
| (2) | Details of the measures under Article 9 (2) 4 of the Act shall be as follows: |
| 1. | A business owner or a responsible managing officer, etc. shall conduct an inspection at least once a year to determine whether the duties under health and safety-related statutes or regulations have been performed (including inspections that are entrusted to institutions, etc. designated by the heads of central administrative agencies under such health and safety-related statutes or regulations; hereafter in this subparagraph, the same shall apply); and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed; |
| 2. | Where the inspection or report under subparagraph 1 finds that the duties under safety and health-related statutes or regulations have not been performed, the relevant business owner or responsible managing officer, etc. shall take measures necessary to perform such duties, including assigning personnel or setting and spending additional budgets; |
| 3. | A business owner or a responsible managing officer, etc. shall conduct an inspection at least once a year to determine whether a safety manager of public-use facilities or a worker responsible for maintenance and inspection of facilities and equipment of public transportation vehicles has completed compulsory education programs under safety and health-related statutes or regulations; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed; |
| 4. | Where the inspection or report under subparagraph 3 finds that education programs have not been provided, the relevant business owner or responsible managing officer, etc. shall, without delay, take measures necessary for education, such as ordering to provide such education programs. |
| Article 12 (Publication of Occurrence of Serious Industrial Accidents) |
| (1) | The publication under Article 13 (1) of the Act (hereafter in this Article referred to as "publication") shall be made for the place of business for which the sentence of a punishment becomes final and conclusive and is notified pursuant to Article 12 of the Act due to a serious industrial accident caused by a violation of the duty under Article 4 of the Act. |
| (2) | Details of the publication shall be as follows: |
| 1. | Title of the publication, "Publication of occurrence of serious industrial accidents"; |
| 2. | The name of the relevant place of business; |
| 3. | The date, time, and place of the occurrence of the serious industrial accident; |
| 4. | The number of people who have suffered the serious industrial accident; |
| 5. | The details and causes of the serious industrial accident (including violations committed by the business owner or the responsible managing officer, etc.); |
| 6. | Whether a serious industrial accident has occurred in the relevant place of business within the most recent five years. |
| (3) | Before making the publication, the Minister of Employment and Labor shall notify the business owner or the responsible managing officer, etc. of the relevant place of business of the details to be published; and shall request such owner or officer, etc. to submit explanatory materials or shall give an opportunity to state his or her opinions during a fixed period of at least 30 days. |
| (4) | The publication shall be posted in the Official Gazette, or on the website of the Ministry of Employment and Labor or of the Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act. |
| (5) | Where the publication is posted on the website pursuant to paragraph (4), the period of publication shall be one year. |
| Article 13 (Record Keeping of Matters concerning Implementation of Measures) |