CHAPTER I GENERAL PROVISIONS
| Article 2 (Scope of Application) |
Laboratories fully or partially exempt from the application of the Act on the Establishment of Safe Laboratory Environment (hereinafter referred to as the "Act") pursuant to the proviso of Article 3 of the Act and the scope of provisions of the Act that do not apply to such laboratories shall be as specified in attached Table 1.
| Article 3 (Fact-Finding Surveys on Safe Laboratory Environment) |
| (1) | The Minister of Science and ICT shall conduct a fact-finding survey on the current status, etc. of safe laboratory environments and safety management of laboratories every two years pursuant to Article 4 (4) of the Act (hereafter in this Article referred to as "fact-finding survey"): Provided, That if necessary, an occasional fact-finding survey may be conducted. |
| (2) | A fact-finding survey shall include the following: |
| 1. | The current status of laboratories and research workers; |
| 2. | The current status of safety management of laboratories; |
| 3. | The current status of occurrence of laboratory accidents; |
| 4. | Other matters deemed necessary by the Minister of Science and ICT to understand the current status of safe laboratory environments and safety management of laboratories. |
| (3) | Where the Minister of Science and ICT intends to conduct a fact-finding survey, he or she shall notify the head of the relevant research entity of a survey plan in advance, including the purpose and details of the survey and the date and time of the survey. |
CHAPTER II LAYING FOUNDATIONS FOR SAFE LABORATORY ENVIRONMENTS
| Article 4 (Formulation and Implementation of Master Plans to Create Safe Laboratory Environments) |
| (1) | The Minister of Science and ICT may request the heads of relevant central administrative agencies and local governments to submit necessary data if necessary to formulate a master plan to create a safe laboratory environment under Article 6 (1) of the Act (hereinafter referred to as "master plan"). |
| (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 an institution or organization related to safety of laboratories, when formulating a master plan. |
| (3) | When a master plan is finalized, the Minister of Science and ICT shall notify the head of the relevant central administrative agency and the head of the relevant local government without delay. |
| Article 5 (Composition and Operation of Laboratory Safety Deliberative Committee) |
| (1) | The members of the Laboratory Safety Deliberative Committee under Article 7 (1) of the Act (hereinafter referred to as the "Deliberative Committee") shall be commissioned or appointed by the Minister of Science and ICT in consideration of gender equality from among the following persons: |
| 2. | A public official who is a member of the Senior Executive Service of the Ministry of Education, the Ministry of Science and ICT, the Ministry of the Interior and Safety, and the Ministry of Employment and Labor and who is designated by the head of the agency to which he or she belongs; |
| 3. | Other persons with extensive knowledge of and experience in laboratory safety or the general field of safety. |
| (2) | The chairperson of the Deliberative Committee (hereinafter referred to as the "chairperson") shall represent the Deliberative Committee and have general supervision and control of the affairs of the Deliberative Committee. |
| (3) | Where the chairperson is unable to perform his or her duties due to unavoidable circumstances, a member predesignated by the chairperson shall act on behalf of the chairperson. |
| (4) | Each member of the Deliberative Committee commissioned under paragraph (1) 1 or 3 shall hold office for a term of three years, and the member may be appointed consecutively for only one further term. |
| (5) | Meetings of the Deliberative Committee shall be divided into regular meetings and special meetings and shall be held according to the following classifications: |
| 1. | A regular meeting: Two times annually; |
| 2. | A special meeting: Where the chairperson deems it necessary or at least 1/3 of the incumbent members request it. |
| (6) | A majority of the members of the Deliberative Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (7) | An administrative secretary shall be assigned to the Deliberative Committee to support its activities and to manage its affairs, and the administrative secretary shall be designated by the Minister of Science and ICT, from among public officials of the Ministry of Science and ICT. |
| (8) | Except as provided in paragraphs (1) through (7), detailed matters concerning the composition and operation of the Deliberative Committee shall be determined by the Minister of Science and ICT. |
| Article 6 (Establishment and Operation of Laboratory Safety Information System) |
| (1) | When the Minister of Science and ICT establishes a laboratory safety information system under Article 8 (2) of the Act (hereinafter referred to as "safety information system"), he or she shall include the following information therein: |
| 1. | Current status of universities, research institutes, etc.; |
| 2. | Statistics on laboratory accidents, such as the current status of laboratory accidents, causes of laboratory accidents, and damage by field; |
| 3. | Matters concerning a master plan and laboratory safety policies; |
| 4. | Information on hazard factors in laboratories; |
| 6. | Current status of registration of safety inspection agencies and precise safety diagnosis agencies under Article 17 of the Act; |
| 7. | Current status of certification of exemplary laboratories in safety management under Article 28 of the Act; |
| 9. | Current status of submissions and reports in accordance with the Act and this Decree, including details of designation of a laboratory safety and environment officer under Article 8 (6); |
| 10. | Other matters necessary for creating a safe laboratory environment. |
| (2) | The Minister of Science and ICT may request the head of a research entity, the head of a safety inspection or precise safety diagnosis agency registered pursuant to Article 17 of the Act, and the head of a regional safe research support center designated pursuant to Article 30 of the Act, etc. to submit data on the information specified in the subparagraphs of paragraph (1) or to enter such data into the safety information system. |
| (3) | In order to ensure the reliability and objectivity of the information submitted or entered into the safety information system pursuant to paragraph (2), the Minister of Science and ICT shall verify and inspect such information. |
| (4) | Where the head of a research entity or the head of a regional research and safety support center designated under Article 30 of the Act, etc. enters into the safety information system the matters to be submitted and reported to the Minister of Science and ICT on a regular or occasional basis in accordance with the Act and this Decree, it shall be deemed that the obligation of submission and reporting under the Act and this Decree has been fulfilled: Provided, That in cases of entering the following reports into the safety information system, such obligation shall not be deemed to have been fulfilled: |
| Article 7 (Designation of Laboratory Directors) |
The head of a research entity shall designate a person who meets all of the following requirements as a laboratory director pursuant to Article 9 (1) of the Act: | 1. | A person who is in charge of research at a university, research institute, etc. or a person who serves as an assistant professor or higher; |
| 2. | A person who directly instructs, manages, and supervises research activities and research workers at the relevant laboratory; |
| 3. | A person who has authority and responsibility for the use and safety of the relevant laboratory. |
| Article 8 (Appointment and Duties of Laboratory Safety and Environment Officers) |
| (1) | Where a university, research institute, etc. has at least 300 regular research workers or at least 1,000 research workers (including regular research workers), the head of the relevant research entity shall have at least one of the laboratory safety environment officers designated pursuant to Article 10 (1) of the Act be exclusively in charge of the duties under paragraph (4). |
| (2) | "Cases prescribed by Presidential Decree, including when a branch school or branch institute has less than 10 research workers" in the proviso of Article 10 (2) of the Act means any of the following cases: |
| 1. | Where a branch school or branch institute has less than 10 research workers; |
| 2. | Where the principal school and its branch school or the principal institute and its branch institute are located in the same Si/Gun/Gu (referring to an autonomous Gu); |
| 3. | Where the lineal distance between the principal school and its branch school or the principal institute and its branch institute is within 15 kilometers. |
| (3) | A person who is eligible to serve as a laboratory safety and environment officer pursuant to Article 10 (3) of the Act shall be a person specified in attached Table 2. |
| (4) | The duties of a laboratory safety and environment officer shall be as follows: |
| 1. | Formulating and implementing plans for conducting safety inspections and precise safety diagnosis; |
| 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 safe laboratory environments and safety management of laboratories; |
| 5. | Proposing measures to be taken against research workers who violate the Act, an order issued under the Act, or safety management regulations formulated under Article 12 (1) of the Act (hereafter in this paragraph referred to as "safety management regulations"); |
| 6. | Other matters concerning securing the safety of research facilities in accordance with safety management regulations or other statutes or regulations. |
| (5) | Any of the following persons may act on behalf of a laboratory safety and environment officer pursuant to Article 10 (4) of the Act: |
| 2. | A person who is appointed as a safety manager specified in any item of subparagraph 6 of attached Table 2; |
| 3. | A person who has at least one year of practical experience in safety management of laboratories; |
| 4. | A person who holds a position in which he or she commands or supervises a laboratory safety and environment officer in connection with laboratory safety management duties. |
| (6) | When the head of a research entity designates or changes a laboratory safety and environment officer, he or she shall submit the details thereof to the Minister of Science and ICT within 14 days from the date the designation or change is made. |
CHAPTER III LABORATORY SAFETY MEASURES
| Article 9 (Preparation of Guidelines for Safety Inspections and Precise Safety Diagnosis) |
The guidelines for safety inspections and precise safety diagnosis prepared by the Minister of Science and ICT pursuant to Article 13 (1) of the Act shall include the following: | 1. | Matters concerning the formulation and implementation of plans for conducting safety inspections and precise safety diagnosis; |
| 2. | Considerations for persons who conduct safety inspections and precise safety diagnosis; |
| 3. | Matters concerning equipment necessary for safety inspections and precise safety diagnosis; |
| 4. | Subject matter of safety inspections and precise safety diagnosis and the inspection methods for each item; |
| 5. | Internal evaluation of findings from safety inspections and precise safety diagnosis and follow-up measures therefor; |
| 6. | Other matters deemed necessary by the Minister of Science and ICT to maintain and manage the functions and safety of laboratories. |
| Article 10 (Conducting of Safety Inspections) |
| 1. | A daily inspection: An inspection with the naked eye to directly check the storage status of machinery, apparatus, electricity, chemicals, and pathogens, etc. used in research activities, the management status of protective equipment, and other similar status, which shall be conducted once a day before starting research activities: Provided, That it shall be conducted at least once a week for a low-risk laboratory specified in attached Table 3; |
| 2. | A regular inspection: A detailed inspection using safety inspection equipment to check the storage status of machinery, apparatus, electricity, chemicals, and pathogens, etc. used in research activities, the management status of protective equipment, and other similar status, which shall be conducted at least once a year: Provided, That regular inspections shall be exempted for any of the following laboratories: |
| (a) | Low-risk laboratories specified in attached Table 3; |
| (b) | Laboratories that have obtained certification of exemplary laboratories in safety management under Article 28 of the Act; in such cases, the deadline for exemption from regular inspections shall be December 31 of the year in which the period of validity of certification expires; |
| 3. | A special safety inspection: An inspection which shall be conducted where a fatal risk is likely to be posed to the safety of research workers, such as explosion or fire accidents, and where deemed necessary by the head of a research entity. |
| (2) | Where the head of a research entity directly conducts a safety inspection specified in the subparagraphs of paragraph (1) pursuant to Article 14 (1) of the Act, the human qualification requirements and physical equipment requirements shall be as specified in attached Table 4. |
| Article 11 (Conducting of Precise Safety Diagnosis) |
| (1) | Where the head of a research entity directly conducts precise safety diagnosis pursuant to Article 15 (1) and (2) of the Act, the human qualification requirements and physical equipment requirements shall be as specified in attached Table 5. |
| 1. | A laboratory in which toxic chemicals defined in subparagraph 7 of Article 2 of the Chemicals Control Act are handled for research activities; |
| 3. | A laboratory in which toxic gas prescribed by Ordinance of the Ministry of Science and ICT is handled for research activities. |
| (2) | A laboratory under paragraph (2) shall conduct regular precise safety diagnosis at least once every two years. |
| Article 12 (Inspection and Utilization of Findings from Safety Inspections and Precise Safety Diagnosis) |
| (1) | The Minister of Science and ICT may verify the findings from a safety inspection or precise safety diagnosis that the head of a research entity has published pursuant to Article 16 (1) of the Act and may check whether a safety inspection or precise safety diagnosis has been properly conducted. |
| (2) | The Minister of Science and ICT may provide subsidies to cover expenses, etc. for the safety, maintenance, and management of laboratories, to the universities and research institutes, etc. that have shown outstanding safety management of laboratories, by examining the findings, etc. from fact-finding surveys conducted under Article 3 (1) and the inspection conducted under paragraph (1). |
| (3) | Detailed matters necessary for subsidization of expenses, such as standards and procedures for examination under paragraph (2), shall be determined and publicly notified by the Minister of Science and ICT. |
| Article 13 (Serious Defects in Laboratories) |
"Where a serious defect prescribed by Presidential Decree is found ... such as the leak of a hazardous factor in a laboratory" in Article 16 (2) of the Act means a case where any of the following is likely to cause the death, serious physical injury, or disease of a research worker: | 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 104 of the Occupational Safety and Health Act, or toxic gas prescribed by Ordinance of the Ministry of Science and ICT; |
| 3. | Corrosion, cracks, or destruction of a hazardous or dangerous facility used for research activities; |
| 4. | Ground subsidence, cracks, leaks, or corrosion affecting structural safety of laboratory facilities; |
| 5. | Leakage of pathogens that are likely to pose a serious risk to the human body. |
| Article 14 (Registration of Safety Inspection Agencies or Precise Safety Diagnosis Agencies) |
| (1) | A person who intends to be registered as a safety inspection agency or precise safety diagnosis agency pursuant to Article 17 (1) of the Act shall submit an application for registration in the form prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT, along with the following documents: |
| 1. | Status of technical personnel employed; |
| 2. | A statement of equipment. |
| (2) | A person who intends to be registered as a safety inspection agency pursuant to Article 17 (1) of the Act shall meet the requirements for registration specified in attached Table 6, and a person who intends to be registered as a precise safety diagnosis agency shall meet the requirements for registration specified in attached Table 7. In such cases, if a person who intends to be registered both as a safety inspection agency and as a precise safety diagnosis agency satisfies the overlapping requirements for registration specified in attached Tables 6 and 7, the requirements for registration shall be deemed satisfied. <Amended on Dec. 31, 2021> |
| (3) | Where the Minister of Science and ICT deems that the applicant for registration under paragraph (1) meets the requirements for registration under paragraph (2), he or she shall issue a registration certificate prescribed by Ordinance of the Ministry of Science and ICT and shall record and manage the details thereof in the relevant agency register. |
| (4) | Where a safety inspection or precise safety diagnosis agency (hereafter in this Article referred to as "agency") intends to modify any matter registered under Article 17 (2) of the Act, it shall submit an application for registration of modification in the form prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT within 20 days from the date the reason for the modification occurs, along with the following documents: |
| 1. | A certificate of registration issued under paragraph (3); |
| 2. | Documents evidencing the relevant modification. |
| (5) | Paragraph (3) shall apply mutatis mutandis to the issuance of a modified registration certificate and the record and management of the relevant agency register when applying for registration of modification pursuant to paragraph (4). |
| (6) | The criteria for making dispositions against the revocation of registration of an agency, the suspension of business, or a corrective order under Article 17 (4) of the Act shall be as specified in attached Table 8. |
| 1. | Initial education: Education required to be received within six months from the date technical personnel are registered; |
| 2. | Continuing education: Education that technical personnel shall receive every two years based on the date they complete initial education under subparagraph 1; in such cases, continuing education shall be received within six months before or after every second anniversary of such completion. |
| (8) | Except as provided in paragraphs (1) through (7), the procedures and methods for registration of agencies and registration of modification thereof, the hours and details of education for technical personnel, and other necessary matters shall be prescribed by Ordinance of the Ministry of Science and ICT. |
| Article 15 (Preliminary Risk Analysis of Hazardous Factors) |
| (1) | A laboratory director shall conduct a preliminary risk analysis of hazard factors in the following order, pursuant to Article 19 (1) of the Act: |
| 1. | Analysis of the safety status of the relevant laboratory; |
| 2. | Risk analysis for each hazardous factor in the relevant laboratory; |
| 3. | Formulation of a laboratory safety plan; |
| 4. | Formulation of an emergency preparedness plan. |
| (2) | Where any significant change occurs in relation to research activities or a laboratory director deems it necessary, a preliminary risk analysis of hazard factors under paragraph (1) shall be conducted additionally. |
| (3) | Except as provided in paragraphs (1) and (2), details regarding procedures, methods, etc. for preliminary risk analysis of hazard factors shall be determined and publicly notified by the Minister of Science and ICT. |
| Article 16 (Education and Training for Research Workers) |
| (1) | Where the head of a research entity provides education and training pursuant to Article 20 (2) of the Act, he or she shall have any of the following persons take charge of education and training: <Amended on Feb. 22, 2022> |
| 1. | A person who meets any of the human qualification requirements for inspectors referred to in subparagraph 2 of attached Table 4 and has experience in conducting a regular inspection or special safety inspection of the relevant institution: Provided, That research workers shall be excluded herefrom; |
| 2. | A person with extensive experience in and knowledge of safety who holds the position of assistant professor or higher at a university; |
| 3. | A laboratory director; |
| 5. | A person who has completed education and training for nurturing professional instructors provided by a regional safety support center designated under Article 30 of the Act; |
| 6. | A laboratory safety manager. |
| (2) | The head of a research entity shall provide the following education and training to research workers pursuant to Article 20 (2) of the Act: |
| 1. | Initial education and training: Education and training provided to research workers who newly participate in research activities; |
| 2. | Regular education and training: Education and training provided at intervals prescribed by Ordinance of the Ministry of Science and ICT for research workers who participate in research activities; |
| 3. | Special safety education and training: Education and training provided to research workers in a laboratory, where a laboratory accident has occurred or the head of a research entity deems that such accident is likely to occur. |
| (3) | The head of a research entity shall require a laboratory safety and environment officer to complete the following specialized education pursuant to Article 20 (3) and (4) of the Act: |
| 1. | Initial education: Education to be received within six months from the date of designation as a laboratory safety and environment officer; |
| 2. | Continuing education: Education that a laboratory safety and environment officer shall receive every two years based on the date he or she completes initial education under subparagraph 1; in such cases, continuing education shall be received within six months before or after every second anniversary of such completion. |
| (4) | Except as provided in paragraphs (2) and (3), the hours and details of education and training and other necessary matters shall be prescribed by Ordinance of the Ministry of Science and ICT. |
| Article 17 (Appropriation of Funds for Safety, Maintenance, and Management of Laboratories) |
| (1) | The head of a research entity shall appropriate the expenses to be used for the following purposes in the budget for expenses for safety, maintenance, and management of the relevant laboratory each year, pursuant to Article 22 (2) of the Act: |
| 5. | Installation, maintenance, and repair of facilities for maintaining and managing the safety of laboratories; |
| 6. | Purchase of protective equipment for research workers; |
| 7. | Safety inspections and precise safety diagnosis; |
| 8. | Other purposes publicly notified by the Minister of Science and ICT as necessary for creating a safe laboratory environment. |
| (2) | Where the head of a research entity has used the expenses for safety, maintenance, and management of the relevant laboratory that are appropriated pursuant to paragraph (1), he or she shall prepare a statement thereof. |
| (3) | Detailed guidelines necessary for preparing the statement of use under paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT. |
| (4) | The head of a research entity shall submit the details of the expenses for safety, maintenance, and management of the relevant laboratory for the relevant year appropriated under paragraph (1) and the statement of use for the previous year under paragraph (2) to the Minister of Science and ICT by April 30 every year. |
CHAPTER IV RESPONSE TO AND COMPENSATION FOR LABORATORY ACCIDENTS
| Article 18 (Composition and Operation of Accident Investigation Teams) |
| (1) | The Minister of Science and ICT may operate an accident investigation team consisting of the following persons (hereafter in this Article referred to as "accident investigation team") to investigate the details and causes of a laboratory accident under Article 24 (2) of the Act: |
| 1. | Related public officials who perform tasks related to laboratory safety; |
| 2. | Experts in the field of laboratory safety; |
| 3. | Other experts with extensive experience and knowledge necessary for investigating laboratory accidents. |
| (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 the subparagraphs of paragraph (1). |
| (3) | Upon completing a laboratory accident investigation, the leader of the accident investigation team shall without delay prepare a laboratory accident investigation report and submit it to the Minister of Science and ICT. |
| (4) | The Minister of Science and ICT may reimburse persons who participate in the investigation of a laboratory accident, for travel expenses and allowances necessary for the investigation within the budget. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of an accident investigation team shall be determined by the Minister of Science and ICT. |
| Article 19 (Purchase of Insurance Policies) |
| (1) | The head of a research entity shall purchase an insurance policy that meets all of the following requirements pursuant to Article 26 (1) of the Act: |
| 1. | The type of insurance: An insurance contract shall provide compensation for a loss of life or physical damage, such as injury, disease, bodily injury, and death of research workers, due to laboratory accidents; |
| 2. | The compensation amount: It shall meet the criteria for compensation amount by insurance benefit prescribed by Ordinance of the Ministry of Science and ICT. |
| (2) | Research workers who receive the compensation satisfying the requirements specified in paragraph (1) pursuant to any of the following statutes, shall be excluded from those eligible to purchase an insurance policy prescribed in Article 26 of the Act: <Amended on Feb. 22, 2022> |
| 2. | The Public Officials’ Accident Compensation Act; |
| (4) | Where the head of a research entity appropriates expenses incurred in purchasing insurance policies in the budget pursuant to Article 26 (2) of the Act, he or she shall take into account the types of insurance to be purchased, the number of the insured and beneficiaries, the amount of compensation, etc. |
| (5) | "Standards prescribed by Presidential Decree" in Article 26 (3) of the Act means the following standards: <Newly Inserted on Dec. 31, 2021> |
| 1. | The expenses for medical treatment shall include all of the medical expenses incurred in medical treatment, such as expenses for diagnosis, inspection, medicine, hospitalization, and nursing; |
| 2. | The expenses for medical treatment shall not exceed the amount calculated by subtracting the amount of insurance benefits paid under the insurance under paragraph (1) of that Article from the total amount of medical treatment expenses borne by research workers. |
| (6) | Where the head of a research entity intends to provide a research worker with subsidies to cover expenses for medical treatment pursuant to Article 26 (3) of the Act, he or she shall determine the detailed standards and procedures concerning the persons eligible to receive subsidies, the scope of subsidization, etc. in consideration of the standards referred to in paragraph (5) and shall provide the subsidies in accordance therewith. <Newly Inserted on Dec. 31, 2021> |
| Article 20 (Operation of Certification System for Exemplary Laboratories in Safety Management) |
| (1) | The head of a research entity who intends to obtain certification of exemplary laboratories in safety management under Article 28 (1) of the Act (hereafter in this Article and Article 21 referred to as "certification") 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. |
| (2) | The criteria for certification under Article 28 (4) shall be as follows: |
| 1. | The relevant laboratory shall have established an excellent system for laboratory safety environment, such as laboratory operation regulations, goals for laboratory safety environments, and implementation plans; |
| 2. | The creation of laboratory safety environments and management activities therefor, such as safety inspection of the relevant laboratory, education plans, and provision of education, shall be excellent; |
| 3. | Safety awareness shall be built among those related to the safe environment of the relevant laboratory, such as the head of the research entity, the laboratory director, and the research workers. |
| (3) | Upon receipt of an application for certification under paragraph (1), the Minister of Science and ICT shall determine whether to certify the laboratory after deliberation by the Certification Deliberation Committee composed of experts in the field of laboratory safety to examine whether the relevant laboratory meets the certification criteria under paragraph (2). <Amended on Dec. 31, 2021> |
| (4) | Matters necessary for the composition and operation of the Certification Deliberation Committee under paragraph (3) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Dec. 31, 2021> |
| (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 meets the certification criteria under paragraph (2) as a result of deliberation by the Certification Deliberation Committee under paragraph (3). <Amended on Dec. 31, 2021> |
| (6) | The valid period of certification shall be two years from the date of certification. |
| (7) | Where a laboratory certified pursuant to paragraph (5) intends to renew the certification before the valid period of the certification under paragraph (6) expires, it shall apply for certification to the Minister of Science and ICT by 60 days before the expiration date of the valid period. |
| (8) | Except as provided in paragraphs (1) through (7), detailed matters concerning the criteria, procedures, methods, etc. for certification shall be determined and publicly notified by the Minister of Science and ICT. |
| Article 21 (Use of Certification Marks) |
A laboratory certified pursuant to Article 20 (5) may post a certification mark prescribed by Ordinance of the Ministry of Science and ICT at the relevant laboratory or may use it for publicity, etc. of the relevant laboratory.
CHAPTER V SUPPORT FOR CREATION OF SAFE LABORATORY ENVIRONMENTS
| Article 22 (Scope of Those Eligible for Subsidization) |
| (1) | Pursuant to Article 29 of the Act, the Minister of Science and ICT may provide subsidies to cover all or some of the expenses incurred by the institutions, corporations, organizations, etc. specified in the subparagraphs of paragraph (1) of that Article in performing the following research or projects: |
| 1. | Research, development, and dissemination in relation to laboratory safety management policies and system improvements and laboratory safety management standards, etc.; |
| 2. | Research, publication, dissemination, and education of laboratory safety education materials; |
| 3. | Establishment and operation of laboratory safety networks; |
| 4. | Conducting of safety inspections and precise safety diagnosis of laboratories, or development and sophistication of relevant technologies and standards; |
| 5. | Spreading of safety culture, such as promotion to raise laboratory safety awareness; |
| 6. | Investigation of laboratory accidents, analysis of causes, establishment of safety measures, and dissemination of cases; |
| 7. | Other projects for creating safe laboratory environments and building infrastructure therefor. |
| (2) | Detailed matters concerning specific items for those eligible for subsidization under paragraph (1), methods and procedures, etc. for support shall be determined and publicly notified by the Minister of Science and ICT. |
| Article 23 (Designation and Operation of Regional Safe Research Support Centers) |
| (1) | A person who intends to be designated as a regional safe research support center under Article 30 (1) of the Act (hereafter in this Article referred to as "center") shall submit an application for designation in the form prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT, along with the following documents: |
| 1. | The current status of human resources and facilities necessary for conducting projects; |
| 2. | The operational regulations of the relevant center; |
| 4. | Other documents publicly announced by the Minister of Science and ICT regarding on-site laboratory safety management and rapid response to accidents. |
| (2) | A person who intends to be designated as a center shall meet the requirements for designation specified in attached Table 9. |
| (3) | When the Minister of Science and ICT designates a center pursuant to Article 30 (1) of the Act, he or she shall notify the relevant institution of such fact and post it on the relevant website, safety information system, etc. |
| (4) | A center may perform the following duties: |
| 1. | Responding to accidents rapidly, such as identifying the current status of accidents and supporting accident management in the event of a laboratory accident; |
| 2. | Inspecting and analyzing the management status of laboratory risk factors and improving such status; |
| 3. | Training professionals necessary to perform the duties specified in subparagraphs 1 and 2 and providing support for safety management technologies to universities, research institutes, etc.; |
| 4. | Developing and improving technologies, standards, policies, and systems in relation to laboratory safety management; |
| 5. | Spreading laboratory safety culture to raise laboratory safety awareness; |
| 6. | Seeking cooperation between the government and universities or research institutes, etc. in relation to safe laboratory environments; |
| 7. | Developing and operating laboratory safety education materials and programs; |
| 8. | Other duties concerning the creation of safe laboratory environments as determined by the Minister of Science and ICT. |
| (5) | The Minister of Science and ICT may subsidize a center for the budget, etc. necessary for performing the duties specified in paragraph (4). |
| (6) | A center shall submit a business plan for the relevant year and a report on the business performance for the previous year to the Minister of Science and ICT each year. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the operation of centers shall be determined by the Minister of Science and ICT. |
CHAPTER VI LABORATORY SAFETY MANAGERS
| Article 24 (Administration of Laboratory Safety Manager Qualification Test) |
| (1) | The Minister of Science and ICT shall administer a qualification examination for laboratory safety managers under Article 34 (1) of the Act (hereinafter referred to as "safety manager test") at least once a year: Provided, That a safety manager test for the relevant year need not be administered, if it is deemed unnecessary to administer a safety manager test in consideration of the supply of and demand for laboratory safety managers, etc. |
| (2) | The Minister of Science and ICT shall determine matters concerning the administration and operation of safety manager tests and the acquisition of qualifications, after deliberation by the Deliberative Committee. |
| (3) | A public announcement of administering a safety manager test, the application procedures, the imposition and refund of fees, the issuance of a certificate of qualification, and other necessary matters shall be prescribed by Ordinance of the Ministry of Science and ICT. |
[This Article Newly Inserted on Feb. 22, 2022]
[Previous Article 24 moved to Article 32 <Feb. 22, 2022>]
| Article 25 (Qualification for Test) |
Qualifications for applying for a safety manager test shall be as specified in attached Table 10.
[This Article Newly Inserted on Feb. 22, 2022]
[Previous Article 25 moved to Article 34 <Feb. 22, 2022>]
| Article 26 (Methods and Subjects of Test) |
| (1) | A safety manager test shall consist of a preliminary test and a secondary test. |
| (2) | A secondary test shall be administered for those who have passed a preliminary test. |
| (3) | A preliminary test shall be a selective type, and a secondary test shall be a descriptive type: Provided, That a secondary test may include a subjective short answer type or a writing type. |
| (4) | Subjects and scope of a preliminary test and a secondary test shall be as specified in attached Table 11. |
[This Article Newly Inserted on Feb. 22, 2022]
[Previous Article 26 moved to Article 35 <Feb. 22, 2022>]
| (1) | The Minister of Science and ICT shall commission persons who have expert knowledge about subjects for test or have extensive experience in laboratory safety as evaluators, to take charge of matters necessary for the administration and evaluation of safety manager tests, such as setting questions for such tests and scoring. |
| (2) | Matters necessary for commissioning and operating evaluators under paragraph (1) shall be determined by the Minister of Science and ICT. |
[This Article Newly Inserted on Feb. 22, 2022]
| Article 28 (Determination of Successful Examinees) |
| (1) | To pass a preliminary test, a testee shall score at least 40 points out of 100 in each subject and an average of at least 60 points in all subjects. |
| (2) | To pass a secondary test, a testee shall score at least 60 points out of 100. |
[This Article Newly Inserted on Feb. 22, 2022]
| Article 29 (Education and Training of Laboratory Safety Managers) |
| (1) | The education and training referred to in Article 34 (2) of the Act shall be provided for at least 24 hours, covering topics to develop the qualifications and expertise as laboratory safety managers. |
| (2) | Where the Minister of Science and ICT provides education and training under paragraph (1), he or she shall publicly announce the date, time, place, etc. of such education and training in advance. |
| (3) | Except as provided in paragraphs (1) and (2), the details and methods of education and training for laboratory safety managers and other necessary matters shall be determined and publicly notified by the Minister of Science and ICT. |
[This Article Newly Inserted on Feb. 22, 2022]
| Article 30 (Duties of Laboratory Safety Managers) |
"Matters prescribed by Presidential Decree" in subparagraph 5 of Article 35 of the Act means the following: | 3. | Guidance for acquiring certification of exemplary laboratories in safety management under Article 28 of the Act; |
| 4. | Other responses to request for advice from research workers, etc. concerning laboratory safety and provision of advice thereon. |
[This Article Newly Inserted on Feb. 22, 2022]
| Article 31 (Criteria for Administrative Dispositions against Laboratory Safety Managers) |
The criteria for making dispositions concerning the revocation or suspension of the license of a laboratory safety manager under Article 38 (1) of the Act shall be as specified in attached Table 12. [This Article Newly Inserted on Feb. 22, 2022]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 32 (Entrustment of Business Affairs) |
| 1. | Business affairs concerning support for the research and development and the formulation of necessary policies to secure and create a safe laboratory environment under Article 4 (1) and (2) of the Act; |
| 4. | Receipt of the details of designation of a laboratory safety and environment officer under Article 8 (6). |
| (2) | Where the Minister of Science and ICT entrusts business affairs pursuant to Article 41 (2) of the Act, he or she shall publicly notify the institution entrusted with the business affairs, the details of the entrusted affairs, and other relevant matters. |
[Moved from Article 24 <Feb. 22, 2022>]
| Article 33 (Handling of Personally Identifiable Information) |
[This Article Newly Inserted on Feb. 22, 2022]
| Article 34 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the appropriateness of the scope of the application of provisions of the Act under Article 2 every three years, counting from January 1, 2020 (referring to the period that ends on the day before January 1st of every third year) and shall take measures, such as making improvements. [Moved from Article 25 <Feb. 22, 2022>]
CHAPTER VIII PENALTY PROVISIONS
| Article 35 (Criteria for Imposition of Administrative Fines) |
[Moved from Article 26 <Feb. 22, 2022>]
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.
ADDENDA <Presidential Decree No. 31251, Dec. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020: Provided, That the provisions concerning sound level meters in the amended provisions of subparagraph 2 of attached Table 4 and attached Table 5 shall enter into force on June 10, 2021.
Article 2 (Applicability to Administrative Dispositions)
The amended provisions of subparagraph 2 (b) through (e) of attached Table 8 shall also apply to cases where any administrative disposition is made on or after the date this Decree enters into force, for violations committed before this Decree enters into force.
Article 3 (Special Cases concerning Training of Technical Personnel of Safety Inspection Agencies and Precise Safety Diagnosis Agencies)
Notwithstanding the amended provisions of Article 14 (7), a person who operates a safety inspection agency or a precise safety diagnosis agency as at the time this Decree enters into force shall ensure that technical personnel registered with the agency receive initial education under the amended provisions of subparagraph 1 of that paragraph by December 31, 2022. Article 4 (Transitional Measures concerning Requirements for Registration of Safety Inspection Agencies and Precise Safety Diagnosis Agencies)
Article 5 Omitted.
Article 6 (Relationship to Other Statutes or Regulations)
A citation of any provision of the previous Enforcement Decree of the Laboratory Safety Environment Act by other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of the relevant provision of this Decree, if any, in lieu of such previous provision.
ADDENDA <Presidential Decree No. 31576, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32286, Dec. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19 (5) and (6) shall enter into force on January 1, 2022. Article 2 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (r) of attached Table 10, the application of the standards for imposition of administrative fines for any violation committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 32458, Feb. 22, 2022>
This Decree shall enter into force on June 10, 2022.